NISHAD Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in C.C.No.928/2019 on the files of Judicial First Class Magistrate Court-II, Cherthala (for short, 'the court below').

(2.) The offences alleged against the petitioner are punishable under Ss. 279, 337, 338 and 304-A of the IPC. The petitioner was released on bail. However, later on, he failed to appear before the court below and non bailable warrant was issued, which is still pending. Notice to sureties also was issued.

(3.) The learned counsel for the petitioner submitted that in the incident pertaining to the crime, his mother and brother died and he was under mental strain and hence, he was taken to Jeddah by his relatives for support and change. It was in these circumstances, he could not appear before the court below. The counsel further submits that the petitioner has come down to India and he is prepared to surrender before the court below and co-operate with the trial. In these circumstances, this Crl.M.C. is disposed of as follows: