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Judgment
10 paragraphs · 290 wordsK. Babu, J
The prayer in this Crl.M.C is as follows:
“....to pass an order directing the District and Sessions Court, Ernakulam to consider the bail application moved on behalf of the petitioner while surrendering and pass orders on merit on such application on the date of surrender itself in LP No.16 of 2007” .
The petitioner is accused No.5 Crime No. 141 of 1993 of CBCID, CRB Unit Thiruvananthapuram.
The offences alleged against the petitioner are punishable under Sections 120(b), 143, 147, 419, 323, 342, 365, 395, 506(ii), 307, 380, 457 r/w 149 of the Indian Penal Code.
Heard both sides.
It is submitted that the petitioner was duly attending the Court proceedings and in the meantime, he had to leave for UK to be in society of his wife. It is further submitted that the petitioner is now a British Citizen. The petitioner undertakes that he will appear before the Trial Court and co-operate with the trial in the matter. Non-bailable warrant is pending against the petitioner.
The learned Senior Counsel for the petitioner submits that the petitioner is intending to surrender before the Trial Court and make an application for regular bail. If the petitioner appears before the Trial Court and files an application seeking regular bail, the same shall be considered and decided positively on the date of filing itself, in the light of the principles declared by the Apex Court in Satender Kumar Antil v CBI [(2022) 10 SCC 51].
Non-bailable warrant issued against the petitioner shall be kept in abeyance for a period of one month. The petitioner shall appear before the Trial Court within a period of one month.
This Crl.M.C is disposed of as above.