MAHABALA RAI Vs. STATE OF KERALA

JUDGEMENT

(1.) THE case of the petitioner in the petition is that he is the accused in C.P.No.235/2014 (Crime No.659/2013 of Badiadka Police Station) on the file of the Judicial First Class Magistrate Court -I, Kasaragod alleging offence under Section 55(a) of Abkari Act. It is alleged in the petition that the police have registered the case against the petitioner on mistaken identity. The petitioner has been living in the address mentioned in this petition for so many years and the police have not arrested the petitioner in this crime. The petitioner was also not aware about the crime and about the registration/pendency of the case so as to surrender before the court. On 07.07.2014, the police came in search of the petitioner in his residential house and informed that a warrant against the petitioner issued by the Judicial First Class Magistrate is pending execution. Petitioner obtained Annexure A1 charge sheet which would show that the case is pending as C.P.No.235/2014 and summons has been issued for the appearance on 30.06.2014. Since the petitioner did not appear on the date notified by the court, a non bailable warrant has been issued and posted the case to 01.09.2014. 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 reliefs: