JOJO Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the 1st accused in SC No.989/2010 on the files of the IIIrd Additional District and Sessions Court, Thrissur. He is being proceeded against for having committed offence punishable under Ss. 395 and 412 of the IPC.

(2.) For the failure of the petitioner to appear before the learned Magistrate on the day the case was posted, non-bailable warrant has been issued. He states that he has been diligently appearing before the Court of Session till 5/10/2018. Thereafter he suffered certain ailments and had to undergo treatment for an extensive period at Delhi. He contends that he is prepared to appear before the court below and seek bail. His prayer in this petition is for issuance of directions to the learned Magistrate to consider his applications on the date of surrender itself.

(3.) I have heard Sri. Jaison Joseph, the learned counsel appearing for the petitioner and the learned Public Prosecutor.