RADHAKRISHNAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are the accused in C.C.No.3950/2020 pending before the Judicial First Class Magistrate Court, Irinjalakuda, which was taken on file based on the final report in Crime No.1273/2020 of Irinjalakuda Police Station. Offence punishable under Sections 448, 341 and 326 read with Section 34 of the IPC is alleged against the petitioners who are father and son.

(2.) The learned counsel for the petitioners submits that the name of the first petitioner was not in the FIR and when the accused in the FIR had moved an application for anticipatory bail, it was informed that the first accused in the FIR, that is Jishnu, is not an accused. Recording that submission, the bail application was disposed. Now, after laying the charge sheet, the grievance of the petitioners is that non bailable warrants have been issued against them straight away, without issuing summons.

(3.) Heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor.