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Judgment
7 paragraphs · 337 wordsMohammed Nias, J.
The petitioner is the 1st accused in Crime No.96/2007 of Enathu Police Station, Pathanamthitta District alleging commission of offences under Sections 55(a) and 58 of Abkari Act. The final report has been filed before the JFCM, Adoor and the same was numbered as C.P.No.140/2018.
The 2nd respondent, SHO, arraying the petitioner along with the other accused and produced him before the court below and filed a final report against the petitioner. The petitioner was unaware about the case against him. The petitioner never received any summons from the court below and is innocent of the allegations levelled against him. Petitioner now understands that the case has been now converted to L.P.No.2/2021 before the Judicial First Class Magistrate Court, Adoor. The petitioner expresses his willingness to surrender before the court below for facing trial. But apprehends that in the event of his surrender his application for bail will not be considered on the date of surrender which might lead to he being sent to judicial custody. In such circumstances the above Crl.M.C is filed.
Heard the learned counsel for the petitioner as well as the learned Public Prosecutor.
Taking into account, the fact that the final report has already been filed and that the petitioner has expressed his willingness to surrender to the process of law, I deem it appropriate to grant three weeks time to the petitioner to surrender before the jurisdictional court, namely, Judicial First Class Magistrate Court, Adoor and with a further direction to the said court to consider the applications for recalling arrest warrant and for bail that may be submitted by the petitioner on the same day of his surrender.
It is also directed that till his surrender and consideration the applications above referred by the court below, all further coercive steps against the petitioner will be kept in abeyance. Needless to state that if the petitioner defaults any of the above, he would lose benefit of this order.
Crl.M.C is disposed of as above.