MOHAMMED RAZAK @ BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner to quash the nonbailable warrant issued against him in L.P No.60/2013 by the Judicial First Class Magistrate, Ottapalam u/s 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is the sole accused in L.P No.60/2013 pending before the Judicial First Class Magistrate, Ottapalam. A case was registered as Crime No.373/2012 of Shornur Police Station alleging offences u/s 143, 147, 148, 323, 324, 341 and 308 r/w Section 149 of Indian Penal Code and after investigation final report was filed and it was originally taken on file as C.P No.117/2012 on the file of the Judicial First Class Magistrate, Ottapalam. Since the petitioner did not appear the case against him was split up and later transferred to the register of Long Pending cases as L.P No.60/2013 and non -bailable warrant has been issued against him. His non -appearance was not willful and so the court below was not justified in issuing non -bailable warrant and it is liable to be quashed. He also apprehends that if he surrenders before the court below, he will be remanded and his bail application will not be considered. So he has no other remedy except approaching this court to seek the following relief: Direct the court below to recall the non -bailable warrant issued against the petitioner/accused in L.P No.60/2013, on the files of Judicial First Class Magistrate, Ottapalam.

(3.) HEARD both sides.