Sandhya K. vs State Of Kerala

Bechu Kurian Thomas, J

Petitioner is the 1st accused in C.P.No. 24/2023 of Judicial First Class Magistrate Court, Thalassery which arises out of Crime No.470/2019 of Dharmadam Police Station. The offences alleged against the petitioner are under Sections 511 of Section 361, 363, and 506 r/w Section 34 of the Indian Penal Code, 1860 apart from Sections 75 and 87 of the Juvenile Justice (Care and Protection of Children) Act 2015.

Due to non-appearance of the petitioner before the trial court, pursuant to summons, allegedly served on the petitioner, non bailable warrant has been issued against her. Contending that the summons had never been served on the petitioner she has approached this court seeking a direction to the learned Magistrate to consider the bail application and the petition to recall the warrant on the same day itself and expressed her willingness to surrender immediately.

Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that taking note of the fact that the petitioner was granted anticipatory bail by this court and also the contention of the petitioner that she was never served with the summons. I am of the view that leniency can be shown by directing consideration of the applications on the date of surrender itself.

Accordingly, there will be a direction to the learned Magistrate to consider the application for recall of warrant and for bail if any filed by the petitioner in C.P. No.24/2023, on condition that the petitioner surrenders before the learned Magistrate on or before 18-08-2023. The non-bailable warrant issued against the petitioner shall be kept in abeyance till 18-08-2023. It is clarified that if the petitioner fails to appear on or before the said date, the warrant issued against the petitioner can be executed.