ISMAIL ALIAS AKRAM BHAI Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is accused in Crime Nos.306 and 346 of 2006 and Crime No.277 of 2010 of the Kalpakancherry police station, in Malappuram District, Crime No.376 of 2008 of Karaya police station in West Bengal and accused in another crime registered by the Perambra police. He has been granted bail in those cases. But has was not released since he is accused in crime No.199 of 2005 of Balh police station, Mandi District (Himachal Pradesh) and the learned Judicial First Class Magistrate, Mandi has issued a production warrant directing the Superintendent of Jail, Tirur to cause production of petitioner in the said court. PETITIONER in this proceedings seeks a direction to respondent No.2, Superintendent of Central Prison, Viyyur, Thrissur to produce petitioner in the court of learned Judicial First Class Magistrate, Tirur for granting orders of release on condition that petitioner appears before learned Judicial First Class Magistrate, Mandi within three months. Leaned counsel submits that since petitioner is being detained only on account of the production warrant referred to above and hence petitioner may be released on executing bond. I have heard learned counsel for petitioner and the learned Public Prosecutor.

(2.) SINCE production warrant has been issued by the learned Judicial First Class Magistrate, Mandi and so far as that order stands, petitioner cannot be released on bail as claimed by him. Proper remedy available to the petitioner is to get the production warrant recalled by the Judicial First Class Magistrate, Mandi or get produced before that court as directed in the production warrant. Learned counsel states that it is possible for petitioner to get the warrant recalled pending in the court of learned Judicial First Class Magistrate, Mandi. It is open to the petitioner to seek appropriate relief from Judicial First Class Magistrate, Mandi. Resultantly, Criminal Miscellaneous Case is disposed of with direction to the petitioner to seek appropriate relief from the learned Judicial First Class Magistrate, Mandi and if necessary to approach this Court again seeking appropriate relief at a later stage if circumstances warranted that.