Abubakar vs State Of Kerala

Dr. Kauser Edappagath, J

The petitioner is the 3rd accused in S.C.No.897/2021 on the file of the Fast Track Special Court, Perinthalmanna (for short ‘the court below’).

There are altogether eight accused. The police has filed final report against all the accused showing that the petitioner is absconding. Initially the court below issued summons to all the accused including the petitioner. The summons to all the remaining accused except the petitioner were served. But the summons to the petitioner returned with an endorsement ‘he went abroad’. Accordingly, the court below issued non bailable warrant to the petitioner on 20.11.2021. A report called for from the court below shows that thereafter coercive steps under Sections 82 and 83 of Cr.P.C were also issued against the petitioner.

The learned counsel for the petitioner submitted that the petitioner has now come back from abroad and he is now in station. It is further submitted that in fact the petitioner did not abscond, but he was not served with any summons. The counsel further submitted that the petitioner is prepared to surrender before the court and co-operate with the trial.

In these circumstances, I am of the view that this Crl.M.C can be disposed of giving liberty to the petitioner to surrender before the court below within a period of one week from today. On such surrender, the court below shall grant bail to the petitioner, on such terms and condition as the court below deem fit to impose to make sure the availability and presence of the petitioner at the time of trial. The petitioner shall co-operate with the trial. The non bailable warrant already issued shall be kept in abeyance till the bail application is disposed of.