High CourtsSingle Bench

Abdurahiman vs State Of Kerala

High Court Of Kerala · Decided on 23 February 2022 · Citation: (2022) 02 KL CK 0210

HON’BLE JUDGES
Dr. Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 204(1)(b)
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 670 Of 2022
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Judgment

5 paragraphs · 238 words

Dr. Kauser Edappagath, J

1.

The limited prayer of the petitioner in this Crl.M.C is to recall the non bailable warrant issued against the petitioner and to give a direction to the learned Special Judge, Fast Track Special Court, Manjeri to consider his bail application on the date of surrender itself.

2.

The grievance of the petitioner is that instead of issuing summons, the learned Special Judge straight away issued non bailable warrant. A report has been called for from the learned Special Judge, who reported that the accused was absconding during the crime stage and the magnitude of the offences alleged against him is grave and hence the court straight away issued non bailable warrant against the accused by exercising the power conferred under Section 204(1)(b) of Cr.P.C.

3.

Having heard the learned counsel for the petitioner Sri. S. Rajeev as well as the learned Public Prosecutor Sri. M.P. Prasanth, I am of the view that this Crl.M.C can be disposed of, with a direction to the learned Special Judge to consider the bail application, if any, filed by the petitioner on the same day itself.

The petitioner shall surrender before the learned Special Judge within one week from today. On such surrender, the bail application, if any, filed shall be considered and disposed of, in accordance with law, on the same day itself. The non bailable warrant already issued stands recalled. The Crl.M.C is disposed of.