Basheer Manathanath vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the petitioner, who is the accused in Crime No.77/2024 of Kodenchery police station, Kozhikode, now pending as C.P.No.No.11/2024 on the files of the Judicial First Class Magistrate Court-II, Thamarassery and the prayer herein is as under:

To allow this Crl.M.C. and direct the Judicial First Class Magistrate Court-II, Thamarassery to keep in abeyance the Non-Bailable Warrant issued against the petitioner in C.P.No.11/2024 and the bail application of the petitioner may be taken into consideration on the same day itself in the interest of justice.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the relevant records.

In this matter, the prosecution alleges commission of offence punishable under Section 376(2)(n) of the Indian Penal Code.

At the time of hearing, the learned counsel for the petitioner submitted that the petitioner could not attend before the Judicial First Class Magistrate Court-II, Thamarassery, where C.P.No.No.11/2024 is now pending, since he has been abroad and accordingly, the committal court issued non-bailable warrant against the petitioner and the petitioner is on the verge of arrest, in view of the non-bailable warrant. He also would submit that, the petitioner is ready to surrender before the committal court within a period of 10 days. Therefore, the execution of non-bailable warrant may be deferred for a period of 10 days, with liberty to the petitioner to surrender before the committal court and move for regular bail.

The above prayer of the learned counsel for the petitioner is opposed by the learned Public Prosecutor.

Since the petitioner expressed his willingness to surrender before the committal court within a period of 10 days, there shall be a direction to the petitioner to surrender before the committal court, within a period of 10 days from today and move for regular bail and on such surrender, the learned Magistrate is directed to consider the bail application, if any, filed by the petitioner, preferably on the same day or without much delay and pass order therein.

In order to do the said exercise, the execution of non-bailable warrant issued against the petitioner herein, stands deferred for a period of 10 days from today.

This Criminal Miscellaneous Case stands disposed of as above.