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Judgment
14 paragraphs · 250 wordsDr. Kauser Edappagath, J
The limited prayer in this Crl.M.C is to give a direction to the learned Sessions Judge to consider the bail application on the same day of surrender
of the petitioner.
The petitioner is the accused in Crime No.247/2010 of Palode Police Station, Thiruvananthapuram which is now pending as S.C.No.399/2016 of
Fast Track Special Court, Nedumangad. The petitioner is a Havildar in the Indian Army and now posted at Kashmir. The learned counsel for the
petitioner submits that the petitioner could not appear at the court below since he was at Kashmir in connection with his employment and absent
application filed by his counsel was dismissed and NBW was issued. The counsel further submits that the petitioner is ready and willing to appear at
the Sessions Court and co-operate with the trial. However, the petitioner apprehends that if he appears at the court below, there is every chance of
remanding him. It is in these circumstances this Crl.M.C is filed.
Having heard the learned counsel for the petitioner, I am of the view that this Crl.M.C can be disposed of with a direction to the learned Sessions
Judge to consider the bail application filed by the petitioner on his surrender on the same day itself. The court below shall take into account the fact
that the petitioner is a Havildar serving in the Indian Army while considering the bail application. Till such surrender, the petitioner shall not be
arrested.
The Crl.M.C is disposed of.