SUSHIL KAMAR Vs. STATE OF KERALA

JUDGEMENT

(1.) The petition is filed under Sec. 482 of the Code of Criminal Procedure to direct the Court of the Judicial First Class Magistrate Court-V, Kozhikode, to consider and dispose of the bail application that the petitioner proposes to file in CC No.50/2018 on the date of surrender itself.

(2.) The petitioner is the sixth accused in CC No.50/2018 of the above Court, which is registered against him for the offences punishable under Ss. 379, 411 read with Sec.34 of the Indian Penal Code.

(3.) The petitioner contends that his name did not figure in Annexure-1 FIR. He was not questioned or arrested during the investigation stage. Later, Annexure A2 final report was filed against him with an absconding charge-sheet. The petitioner was employed in Gulf and he was unaware of the proceedings. It is learnt that a non-bailable warrant has been issued against him. The petitioner apprehends that he may be remanded to judicial custody and his bail application may not be considered on merits. Hence the Crl M.C.