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Judgment
5 paragraphs · 232 wordsK.Haripal, J
Petitioner is the second accused in C.C.No. 1711/2016 on the file of the Judicial First Class Magistrate’s Court - IX, Ernakulam where he along with others face allegations under Sections 143, 147, 341, 323, 324 read with Section 149 of the Indian Penal Code.
According to the learned counsel for the petitioner, the trial has commenced, one witness has been examined; the petitioner could not join trial as he had gone to other States in search of job. Now non-bailable warrant is pending against him. He wants to surrender before Court and co-operate with the trial. He seeks a direction to the Judicial First Class Magistrate - IX, Ernakulam to consider his application for bail on the very day of surrendering.
After hearing counsel for the petitioner and also the learned Senior Public Prosecutor, the petitioner is allowed to surrender before the trial court within a period of seven days from today after giving advance notice to the Public Prosecutor concerned. If he surrenders and moves an application for bail, the same shall be considered by the learned Magistrate in the light of the decision reported in Siddharth v. State of Uttar Pradesh and Another [2021(5) KHC 353 (SC)]. Execution of the non-bailable warrant issued against the petitioner shall be kept in abeyance for a period of seven days.
The Crl. M.C. is disposed of as above.