Muhammed Mansoor vs State Of Kerala

Ziyad Rahman A.A., J

The petitioner is the 4th accused in Crime No.355/2023 of Chepulassery Police Station, Palakkad, which is now pending before the Judicial First Class Magistrate Court I, Ottappalam as C.P. No.80/2023. The Crl.M.C. has been filed by the petitioner, aggrieved by the issuance of a non-bailable warrant against him by the learned Magistrate.

The case of the petitioner is that, as he was working abroad, he could not respond to the summons issued by the Police and a warrant was issued against him accordingly. The petitioner seeks an opportunity to appear before the Magistrate, and he is ready and willing to cooperate with the trial. However, the apprehension of the petitioner is that, since the warrant is pending against him and a lookout notice was also issued by the Police, he is likely to be sent into judicial custody on such surrender. This application is submitted in such circumstances.

Heard Sri.C. Dheeraj Rajan, learned counsel for the petitioner and Smt.Sreeja V., learned Public Prosecutor for the State.

After considering all the relevant aspects, I am of the view that an opportunity can be granted to the petitioner by ensuring that he is cooperating with the trial. Therefore, this application is disposed of, permitting the petitioner to surrender before the jurisdictional court within three weeks from today and move for bail. Upon such surrender and submission of application, the leaned Magistrate shall consider the application for bail on the date of surrender itself, provided the petitioner surrenders before the court on or before 11 a.m. of the day and gives advance notice of the application to the Public Prosecutor concerned. To enable the petitioner to surrender before the jurisdictional court, the coercive proceedings against the petitioner, including those that arise consequent to the lookout notice, shall be kept in abeyance for a period of four weeks.