NOUSHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner in Crl. M.C. No. 4343/2002 is the 8th accused in Crime No. 169/97 of Anchal Police Station, which is pending as C.C. No. 5/2002 on the file of the Judicial Magistrate of the First Class-I, Punalur. The allegations against the petitioner are that he along with other accused committed offences punishable under sections 363,368,376 read with sec. 34 of the Indian Penal Code. It is submitted that the Investigation of the case was completed and final report had been laid before the Court. Thereupon, the learned Magistrate issued summons to the petitioner for his appearance. Since the petitioner did not appear in pursuance to the summons, the Magistrate issued a non-bailable warrant against him. The petitioner filed this application under section 482 of the Code of Criminal Procedure, hereinafter referred to as the Code for a direction to the learned Magistrate to release him on bail on his appearance in the court, in case he files an application for bail without considering the fact that a non-bailable warrant has been issued against him. Petitioner in Crl. M.C. No. 4343/2002 is the 8th accused in Crime No. 169/97 of Anchal Police Station, which is pending as C.C. No. 5/2002 on the file of the Judicial Magistrate of the First Class-I, Punalur. The allegations against the petitioner are that he along with other accused committed offences punishable under sections 363,368,376 read with sec. 34 of the Indian Penal Code. It is submitted that the Investigation of the case was completed and final report had been laid before the Court. Thereupon, the learned Magistrate issued summons to the petitioner for his appearance. Since the petitioner did not appear in pursuance to the summons, the Magistrate issued a non-bailable warrant against him. The petitioner filed this application under section 482 of the Code of Criminal Procedure, hereinafter referred to as the Code for a direction to the learned Magistrate to release him on bail on his appearance in the court, in case he files an application for bail without considering the fact that a non-bailable warrant has been issued against him.

(2.) Petitioner in Crl. M.C. No. 4327/2002 filed under sections 482 and 483 of the Code is the 5th accused in Crime No. 130/98 of the Ramamangalam Police Station, which pending as C.C. No. 84/99 on the file of the Judicial Magistrate of the First Class, Kolencherry. The allegation against the petitioner is that he along with the other accused committed offences punishable under se. 143, 147, 447, 427, 506(i) and 294(b) read with sec. 149 of the Indian Penal Code. The final report has been filed before the court and the case is pending in committal proceedings. On receipt of the final report, the learned Magistrate issued summons to the petitioner for his appearance in the court, but the petitioner did not appear in court in pursuance to the summons and hence a non bailable warrant has been issued against the petitioner. The petitioner aprehends that if he appears before the court, he will be sent to jail.

(3.) As the facts and the issues involved in these two petitions are identical, both the applications are being disposed of by a common order.