Jojo vs State Of Kerala

Raja Vijayaraghavan V, J

The petitioner herein is the 1st accused in SC No.989/2010 on the files of the IIIrd Additional District and Sessions Court, Thrissur. He is being proceeded against for having committed offence punishable under Sections 395 and 412 of the IPC.

For the failure of the petitioner to appear before the learned Magistrate on the day the case was posted, non-bailable warrant has been issued. He states that he has been diligently appearing before the Court of Session till 05.10.2018. Thereafter he suffered certain ailments and had to undergo treatment for an extensive period at Delhi. He contends that he is prepared to appear before the court below and seek bail. His prayer in this petition is for issuance of directions to the learned Magistrate to consider his applications on the date of surrender itself.

I have heard Sri. Jaison Joseph, the learned counsel appearing for the petitioner and the learned Public Prosecutor.

Having regard to the facts and circumstances and the submissions made across the bar, this petition is disposed of by ordering as under:

a) The petitioner shall surrender before the jurisdictional court within two weeks from today.

b) If applications for recalling the warrant and for grant of bail are preferred before the court with advance notice to the concerned Prosecutor, the learned Magistrate shall consider the same and pass appropriate orders in accordance with law, ideally on the date of surrender itself.

(c) In order to enable the petitioner to appear before the court below, coercive proceedings, if any, pending against the petitioner shall be kept in abeyance for a period of two weeks.