Adharsh P.D. vs State Of Kerala

K.V.Jayakumar, J

The petitioner herein is the 1st accused in C.C.N.150/2024 on the file of the Judicial First Class Magistrate Court-I, Kannur arising out of Crime.No.741/2023 of Kannur Town Police Station. The offence alleged against the petitioner is under Section 498A IPC and subsequently Section 326 IPC was also alleged.

The petitioner is working in Dubai. Due to some business issues at Dubai, the petitioner immediately went back to Dubai for solving the issues. Therefore, the petitioner could not appear before the court on the day fixed for his appearance. Consequently, the learned Magistrate issued Non-Bailable Warrant to the accused.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

The learned counsel for the petitioner also submitted that, there is no wilful or deliberate attempt to evade the summons issued by the learned Magistrate. Due to some unforeseen circumstances, the petitioner could not appear before the trial court. The petitioner herein has filed Crl.M.A.No.1 of 2024 before this Court and this Court as per order dated 24.12.2024, has granted an interim stay of execution of NBW. The order is read thus:

“There will be an interim stay of execution of NBW against the petitioner/accused no.1 for a period of 2 months.”

The grievance projected by the learned counsel for the petitioner is that, inspite of a specific order from this Court staying the execution of NBW, the learned Magistrate has remanded the accused to judicial custody, on 28.12.2024, when he surrendered before that court.

The learned counsel for the petitioner submitted that the approach of the learned Magistrate is irregular and improper. Hence, the learned counsel for the petitioner urges before this Court that a positive order be passed releasing the petitioner on bail.

Upon hearing of the submissions of the learned counsel for the petitioner and the learned Public Prosecutor, I am of the view that, this Crl.M.C can be disposed of with the following directions:

i) The petitioner/1st accused shall be released on bail forthwith on executing a bond of Rs.5,000/- (Rupees five thousand only) each with two solvent sureties.

ii) Petitioner shall co-operate with the investigation of the case.

Needles to say, this order will not be a bar for the investigating officer to continue any further investigation if required and to effect any recovery in accordance with law.

The Registry shall intimate this order to the Magistrate of Judicial First Class Court-I, Kannur forthwith.