SHIBU KUNNANATTU Vs. THE STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the 2nd accused in C.C.No.554/2011 pending before the Judicial First Class Magistrate, No -I, North Paravoor, to issue a direction to the magistrate under Section 482 of Code of Criminal Procedure.

(2.) IT is alleged in the petition that petitioner is originally the 2nd accused in Crime No.9/2005 of Varappuzha Police Station alleging offences under Sections 341, 323, 427 read with Section 34 of Indian Penal Code. After investigation, final report was filed and the learned magistrate has taken cognizance of the offence and taken the case on file as C.C.No.554/11 on the file of the Judicial First Class Magistrate, No -I, North Paravoor. The summons issued by the court below was not received the petitioner as he went abroad in connection with employment. Consequent to the non appearance of the petitioner before the court below, the learned magistrate has issued non -bailable warrant against the petitioner. Now, non -bailable warrant is pending against him. Now, the petitioner is prepared to surrender before the learned magistrate and to co -operate with the proceedings. Though the petitioner is prepared to surrender, in view of the pendency of non bailable warrant against him, he apprehends that, he is likely to be remanded and his bail application will not be considered on the date of filing of the application itself. So, the petitioner has no other remedy except to approach this Court seeking the following relief:

(3.) LEARNED counsel for the petitioner submitted that his only apprehension is that if he surrenders, his bail application will not be considered on the same day and he will be remanded to custody.