Abdul Majeed Edakkavil vs State Of Kerala

Gopinath P., J

This Crl.M.C has been filed seeking the following relief:-

“Defer the Non Bailable Warrant pending in LP 01/2022 in Crime No.836 of 2020 of Nileshwaram Police Station, Kasaragod District till his surrender before Hon’ble Additional District & Sessions Judge I, Kasaragod, in the interest of justice.”

The Bail application filed by the petitioner as Bail Application No.7736 of 2023 was disposed of by Anneuxre – A1 order, as follows:-

“2. The learned Public Prosecutor submits that after investigation, a final report was filed and as against the petitioner, the matter is now pending as L.P.No.1 of 2022 on the file of the Additional District and Sessions Court-1, Kasaragod. It is submitted that the allegations against the petitioner are serious. It is pointed out that the allegation against the petitioner is that he committed aggravated sexual assault on the minor victim, who was his neighbour at a time when she was aged only 8.

Having heard the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that the petitioner is not entitled to anticipatory bail. Since the matter is pending as L.P.No.1 of 2022 on the file of the Additional District and Sessions Court-1, Kasaragod, it is for the petitioner to surrender before that court and seek bail. This bail application is closed, making it clear that it will be open to the petitioner to surrender before the Additional District and Sessions Court-1, Kasaragod and seek bail.”

The learned counsel appearing for the petitioner would submit that the petitioner was abroad and is arriving in India on 12.12.2023 and submits that if he is arrested in connection with L.P.No.1 of 2022 on the file of the Additional District and Sessions Court – I, arising out of Crime No.836 of 2020 of Nileswaram Police Station, he may be directed to be produced before the Jurisdictional Court on the same day. Though I am not convinced that the petitioner can maintain this application under Section 482 of the Cr.P.C after his Bail Application was disposed of by Annexure – A1 order, considering the limited nature of relief now sought for by the petitioner, it is directed that the Non Bailable warrant, which is now stated to be pending against the petitioner in L.P.No.1 of 2022 on the file of the Additional District and Sessions Court - I, Kasaragod, arising out of Crime No.836 of 2020 of Nileswaram Police Station, shall not be enforced till 05.00 P.M on 13.12.2023, to enable the petitioner to approach that Court and seek bail.

Crl.M.C is disposed of as above.