Mansoor Ibrahim M.V vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the accused in S.T.No.1658 of 2019 on the file of the Judicial First Class Magistrate Court, Mattannur. The aforesaid case was taken into file on the basis of a private complaint submitted by the 2nd respondent for the offence under Section 420 IPC.

The case of the petitioner is that, as he was not in station and no summons of the proceedings was ever served upon him. Now it is learned that a non-bailable warrant was issued by the learned Magistrate. The petitioner expresses his willingness to surrender before the learned Magistrate, but his apprehension is that, as the non-bailable warrant is pending, he is likely to be detained in the event of surrender. This Crl.M.C. is filed in such circumstances, seeking for a direction to the learned Magistrate to consider the bail application to be submitted by the petitioner, on the date of surrender itself.

Considering the facts and circumstances of the case, I deem it appropriate to show some indulgence by granting an opportunity to the petitioner.

In such circumstances, this Crl.M.C. is disposed of directing the petitioner to surrender before the Judicial First Class Magistrate Court, Mattannur and submit necessary applications for bail and to recall the warrant. In the event of such surrender and submission of applications, the same shall be considered by the learned Magistrate, positively on the date of surrender itself, provided the petitioner gives advance notice to the Public Prosecutor concerned. To enable the petitioner to do so, execution of the non-bailable warrant shall kept in abeyance for a period of two weeks or till the date of surrender, whichever is earlier.