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Judgment
7 paragraphs · 366 wordsBechu Kurian Thomas, J.
Petitioner is the accused in S.C.No.836/2021 on the files of the Sessions Court (POCSO), Manjeri, which arises from Crime No.37/2020 of Tanur Police Station. Due to the failure of the petitioner from appearing before the trial court, warrant was issued and the case was transfered to the long pending list.
Sri.Prasun.S., learned Counsel for the petitioner submitted that, the crime was registered at the time when the petitioner was not in the country and that he was unaware about the crime and hence he could not appear before the court. It was also pointed out that summons was also not served on the petitioner, till date, though the case has been transferred to the Long Pending Register. It was also submitted that petitioner will postively come down to India on 18.07.2023, and will appear before the Court immediately. However, petitioner apprehends that he may be arrested from the Airport itself and hence this petition.
I have heard the learned Public Prosecutor also, who opposed the application and submitted that petitioner has been purposely evading the summons as well as the warrant and therefore, no leniency should be shown. It was further submitted that petitioner had not even appeared for investigation, and considering the circumstances, this petition ought to be dismissed.
Since as per Crl.M.A.2/2022, it is seen that petitioner has obtained corfirmed tickets for arrival to India on 18.07.2023, his apprehension of arrest from the Airport cannot be said to be unfounded. However, since petitioner has undertaken to appear before the court immedietly on his arrival, I am of the view that the non-bailable warrant should not be executed for few days, to enable him to appear before the court and seek appropriate remedies.
Accordingly, the non-bailable warrant issued against the petitioner in L.P.No. 56/2022 on the files of the Additional Sessions Court (Fast Track), Tirur, shall be kept in abeyance till 19.07.2023, to enable him to appear before the Court. On his appearance before the Court on or before 19.07.2023, the learned Magistrate shall consider the application, if any, filed by the petitioner, in accordance with law.
This Crl.M.C. is disposed of with the above observations.