RAHUL.R Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner challenges the non-bailable warrant issued against him in C.P. No.41/2023 on the files of the Judicial First Class Magistrate Court-II, Nedumangad.

(2.) Sri. Mansoor B.H, the learned counsel for the petitioner contended that even without issuing a summons, the learned Magistrate had issued a non bailable warrant based on the statement in the final report that petitioner had not co-operated with the investigation from the crime stage itself. The learned counsel pointed out that the said procedure adopted by the learned Magistrate is contrary to the judgment of the Supreme Court in Satendar Kumar Antil Vs. Central Bureau of Investigation and another [2021 (10) SCC 773].

(3.) I have heard Sri. Ashi M.C, the learned Public Prosecutor as well.