High CourtsSingle Bench

Athul Vijayan vs State Of Kerala

High Court Of Kerala · Decided on 9 November 2022 · Citation: (2022) 11 KL CK 0100

HON’BLE JUDGES
A. Badharudeen, J
CASE NUMBER
Criminal Miscellaneous Petitions No. 7985 Of 2022
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Judgment

7 paragraphs · 204 words

A. Badharudeen, J

1.

This is a petition filed by the petitioner, who is the sole accused in S.T.No.398/2021, on the file of the Judicial First Class Magistrate Court, Kottayam, with a prayer to direct the learned Magistrate to release the petitioner on bail, on his appearance in the above case, on furnishing sufficient sureties.

2.

Heard the learned counsel for the petitioner on admission.

3.

The learned counsel for the petitioner submitted that the petitioner who is the accused in the above case has been settled in Mumbai and now he is ready to concede the jurisdiction of the Magistrate Court. However, he apprehends detention since non-bailable warrant has been pending against him.

4.

Going by Annexure A1, it appears that the Magistrate Court issued non-bailable warrant repeatedly though the same was not executed.

5.

Since the petitioner is ready to concede the jurisdiction of the Magistrate Court, there shall be a direction to the learned Magistrate to consider his bail application, if any, filed on the date of his surrender itself, considering the fact that the offence involved in this matter is only a deemed offence.

The petitioner shall surrender before the Magistrate Court, within a period of seven days from today.