SANDHYA K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 1st accused in C.P.No. 24/2023 of Judicial First Class Magistrate Court, Thalassery which arises out of Crime No.470/2019 of Dharmadam Police Station. The offences alleged against the petitioner are under Ss. 511 of Sec. 361, 363, and 506 r/w Sec. 34 of the Indian Penal Code, 1860 apart from Ss. 75 and 87 of the Juvenile Justice (Care and Protection of Children) Act 2015.

(2.) Due to non-appearance of the petitioner before the trial court, pursuant to summons, allegedly served on the petitioner, non bailable warrant has been issued against her. Contending that the summons had never been served on the petitioner she has approached this court seeking a direction to the learned Magistrate to consider the bail application and the petition to recall the warrant on the same day itself and expressed her willingness to surrender immediately.

(3.) Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that taking note of the fact that the petitioner was granted anticipatory bail by this court and also the contention of the petitioner that she was never served with the summons. I am of the view that leniency can be shown by directing consideration of the applications on the date of surrender itself.