SUNIL KUMAR Vs. SUB INSPECTOR OF POLICE

JUDGEMENT

(1.) THIS Criminal Miscellaneous Case is filed by the petitioner, who is the accused in LP. No. 9/2014 pending before the Judicial First Class Magistrate Court, II, Ernakulam for issuing a direction to the Magistrate under Section 482 of the Code of Criminal Procedure.

(2.) IT is alleged in the petition that the petitioner was earlier arrayed as an accused in Crime No. 2772/2006 of City Traffic Police Station, Ernakulam alleging offence under Sections 279 and 304(A) of the Indian Penal Code. After investigation, final report was filed. Since he did not appear, the case was transferred to register of long pending cases as L.P. No. 9/2014 by the learned Judicial First Class Magistrate Court -II, Ernakulam and non bailable warrant has been issued and it is pending against him. Though he is prepared to surrender, he apprehends that his bail application will not be considered on the date of surrender and he will be remanded to custody. So he has no other remedy except to approach this Court seeking the following relief:

(3.) THE application was opposed by the learned Public Prosecutor on the ground that the petitioner is an absconding accused.