RAJAGOPAL Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioners who are accused in C.C.No.566/2010 which is numbered as L.P.No.09/2014 on the file of the Judicial First Class Magistrate Court, Paravur, Kollam, to issue direction to the Magistrate under Section 482 of the Code of Criminal Procedure.

(2.) THE case of the petitioners in the petition is that petitioners are husband and wife who are accused in L.P.No.09/2014 in C.C.No.566/2010 on the file of the Judicial First Class Magistrate Court, Paravur, Kollam alleging offences punishable under Section 420 read with Section 34 of Indian Penal Code, originated on the basis of a protest complaint filed by the de facto complainant who is a benami of an illegal money lender, on dishonoring a cheque which, along with a few other leafs were grabbed in blank from the 1st petitioner by the said illegal money lender, when he happened to avail an amount of Rs.2,00,000/ - from him in the year 2005 for interest @ 60% per annum. On investigation, the police filed refer report and he filed protest complaint upon which the learned magistrate took cognizance and since the petitioners were not in station, they could not appear and obtain bail. The court below, after continuous issuance of warrant against the petitioners, has transferred the above said case to register of long pending cases and it is now pending as L.P.No.09/2014 before that court. Though the petitioners are prepared to surrender, in view of the pendency of non bailable warrant against them, they apprehend that they are likely to be remanded and their bail application will not be considered on the date of filing of the application itself. So, the petitioners have no other remedy except to approach this Court seeking the following relief: "To recall the Non -bailable warrant issued against petitioners in L.P.09/2014 in C.C.566/2010 by the Hon'ble JFM Court, Paravur, Kollam and to direct the court below to enlarge the petitioners on bail on the date of their appearance itself upon application to that effect, in the ends of justice"

(3.) LEARNED Counsel for the petitioners submitted that his only apprehension is that if they surrender, their bail application will not be considered on the same day and they will be remanded to custody.