Maharoof vs State Of Kerala

K.Haripal, J

Petitioners are accused Nos. 1 to 3 and 5 to 7 in S.C. No. 992/2016 on the file of the Assistant Sessions Court, Kozhikode where they face allegations under Sections 143, 147, 148, 458, 324, 308 read with 149 of the Indian Penal Code. It is based on an incident that had happened on 11.05.2015. The learned counsel for the petitioners submits that the trial has progressed considerably, except the Investigating Officer all were examined. While the Investigating Officer was examined in part as PW9, they went absconded and thereafter, due to Covid – 19 pandemic, they could not appear before court and now non-bailable warrants are pending against them. The learned counsel for the petitioners submits that if the petitioners surrender before the trial court, they apprehend that they will be remanded to judicial custody and therefore, non-bailable warrants issued against them are sought to be quashed under Section 482 of the Code of Criminal Procedure.

Heard the learned counsel for the petitioners and also the learned Senior Public Prosecutor. It is evident from the statement of facts and the case status that the trial of the case is in progress. According to the learned counsel for the petitioners, they do not have criminal antecedents to their credit and they shall co-operate for the expeditious disposal of the case.

Recording the same, the petitioners are allowed to surrender before the trial court within ten days after giving advance notice to the Public Prosecutor concerned. If they move applications for bail, that shall be considered in the light of the decision reported in Siddharth v. State of Uttar Pradesh and Another [2021(5) KHC 353 (SC)].

The execution of non-bailable warrants issued against the petitioners shall be kept in abeyance for a period of ten days from today.

The Crl. M.C. is disposed of as above.