MANSOOR IBRAHIM M.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in S.T.No.1658 of 2019 on the file of the Judicial First Class Magistrate Court, Mattannur. The aforesaid case was taken into file on the basis of a private complaint submitted by the 2nd respondent for the offence under Sec. 420 IPC.

(2.) The case of the petitioner is that, as he was not in station and no summons of the proceedings was ever served upon him. Now it is learned that a non-bailable warrant was issued by the learned Magistrate. The petitioner expresses his willingness to surrender before the learned Magistrate, but his apprehension is that, as the non-bailable warrant is pending, he is likely to be detained in the event of surrender. This Crl.M.C. is filed in such circumstances, seeking for a direction to the learned Magistrate to consider the bail application to be submitted by the petitioner, on the date of surrender itself.

(3.) Considering the facts and circumstances of the case, I deem it appropriate to show some indulgence by granting an opportunity to the petitioner.