Abdul Sadique vs State Of Kerala

Ziyad Rahman A.A., J

The petitioners are the accused Nos.1, 2 and 4 in C.C.No.1539 of 2016 pending before the Chief Judicial Magistrate Court, Thalassery. Offences alleged against the petitioners are under Sections 353, 332, 225B, 152 and 506(ii) IPC. The petitioners were released on bail during the crime stage. Even after taking cognizance the petitioners appeared up to the stage of completion of prosecution evidence. Thereafter, as the petitioners went abroad in connection with their employment, they could not participate in the further proceedings, which resulted in issuance of non-bailable warrants. Now the petitioners express their willingness to surrender before the learned Magistrate and seek bail. However, the apprehension of the petitioners is that, they are likely to be detained in the event of surrender, as the non-bailable warrants are pending. This Crl.M.C. is filed in such circumstances, seeking for a direction to the learned Magistrate to consider the bail applications to be submitted by the petitioners on the date of surrender itself.

After considering all the relevant inputs, I am of the view that some indulgence can be shown by granting an opportunity to the petitioners.

In the result, this Crl.M.C. is disposed of, directing the petitioners to surrender before the Chief Judicial Magistrate Court, Thalassery and submit necessary applications for bail and to recall the warrant within a period of two weeks. In the event of such surrender and submission of applications, the same shall be considered by the learned Magistrate, positively on the date of surrender itself, provided the petitioners give advance notice to the Public Prosecutor concerned. To enable the petitioners to do so, execution of the non-bailable warrants shall kept in abeyance for a period of two weeks or till the date of surrender, whichever is earlier.