SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) The main prayer in the above Criminal Miscellaneous Case filed under Section 482 of Cr.P.C. is as follows:-

(2.) Heard Sri. Renjith B. Marar, learned counsel appearing for the petitioner/accused, Sri. K.A. Anas, learned Public Prosecutor appearing for R1 State of Kerala and Smt. P.M. Shahida, learned Advocate appearing for the 2nd respondent lady de facto complainant.

(3.) Sri. Renjith B. Marar, learned counsel appearing for the petitioner/accused would submit on the basis of instructions of his party that the limited prayer that now the petitioner is in a Gulf country in connection with his employment and that he has not so far secured bail from the competent criminal Court concerned in relation to the present case in relation to the impugned Annexure-A1 Crime No.1570/2015 of Palakkad Town South Police Station and that the petitioner has been advised to immediately come over to the State of Kerala and to submit application for anticipatory bail or to work out his other remedies in the manner known to law and that this Court may issue a direction to enable the petitioner to work out his remedies in the aforesaid aspects in the matter of grant of bail and further coercive steps pursuant to the non- bailable warrant issued against the petitioner in relation to this case as well as the lookout notice/lookout circular issued against him in relation this case may be ordered to be kept in abeyance and that the petitioner would make the requisite application for anticipatory bail etc. before the competent Court within a period of one month from today. Since this is the limited direction sought for by the petitioner and as the petitioner now wants to co-operate with the due process of law, the following directions and orders are passed in the interest of justice. In order to enable the petitioner to work out his remedies in respect of matters relating to bail in relation to this case, it is ordered in the interest of justice that further coercive steps for enforcement of non- bailable warrant issued against the petitioner in relation to his involvement as accused in Annexure-A Crime No.1570/2019 of Palakkad Town South Police Station and the consequential lookout notice/lookout Circular issued against him in relation to the above said case shall be kept in abeyance for a limited period of one month from today. However, this is subject to the condition that the petitioner should reach Kerala State well before the above said time limit and should also surrender his passport before the jurisdictional Magistrate Court concerned, who is dealing with the matter in Annexure-A Crime No.1570/2019 of Palakkad Town South Police Station, which the petitioner may do through his learned counsel and thereupon the learned counsel for the petitioner will also give due intimation about the said factum to the Investigating Officer concerned in relation to this case. In other words, it is made clear that all coercive steps against the petitioner in relation to the involvement of the above said crime will stand deferred or shall be kept in abeyance for a limited period of one month from today, in order to enable the petitioner to work out his above said remedies in the manner known to law. The learned Public Prosecutor will give intimidation about the said directions issued by this Court to the Investigating Officer concerned as well as to all the competent Police officials concerned and the other officials concerned, who are responsible for enforcement of the above said impugned lookout notice/ lookout circular said to have been issued in relation to the above said crime, for necessary compliance, so that the above said directions are complied with, by all parties concerned. It is made clear that this Court has not entered into the merits of the controversy in any manner and all issues raised by either side are left open to be decided in appropriate proceedings.