Gopalan vs State Of Kerala

Bechu Kurian Thomas, J

Petitioner apprehends arrest pursuant to a non-bailable warrant issued in C.C.No.4643/2017 before the Judicial First Class Magistrate’s Court-I, Chengannur.

The learned counsel for the petitioner submitted that even though summons in the aforesaid case was served upon the petitioner, due to old age, he could not appear on the date fixed, and therefore a non-bailable warrant was issued against him. It was further submitted that petitioner is willing to appear before the Court and participate in the trial and unless the warrant is recalled and bail granted to the petitioner, he would have great prejudice.

I have heard the learned Public Prosecutor also.

Having regard to the age of the petitioner which is mentioned as 84, I am of the view that the petitioner ought to be permitted to appear before the Court and seek recall of warrant. Remanding such an aged person for an omission to appear on one of the dates fixed for appearance will be highly prejudiced.

Therefore, if any application for recall of warrant is filed by the petitioner after appearing before the Judicial First Class Magistrate’s Court-I, Chengannur in C.C.No.4643/2017, along with an application for bail, by the next posting date, the learned Magistrate shall consider the same and pass appropriate orders recalling the warrant issued to the petitioner and pass orders on its bail application on the same day itself.

This Crl.M.C.is allowed as above.