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Judgment
8 paragraphs · 280 wordsBechu Kurian Thomas, J
The relief sought for in this petition, filed under Section 482 of Cr.P.C, is for a direction to the Judicial First Class Magistrate Court, Mattancherry, Ernakulam District to recall the non-bailable warrant pending against the petitioner in C.C.No.232 of 2021 and to consider the bail application on the date of surrender itself.
Petitioner herein is the accused in Crime No.828/2020 of Fort Kochi Police Station registered for the offences punishable under Sections 465, 468 and Section 420 of the Indian Penal Code, 1860.
The learned counsel for the petitioner submitted that petitioner herein is a lady, who was granted bail during the crime stage. However, petitioner had not appeared before the learned Magistrate and therefore, non-bailable warrant was issued.
Since the petitioner is a lady and as she has expressed her desire to appear before the Magistrates Court without any default; I am of the view that a lenient approach can be adopted.
Having regard to the aforesaid circumstances, I am of the view that a direction can be issued to consider the applications for recall of warrant and the bail application, if any filed, on the date of surrender itself.
Accordingly, there will be a direction to the Judicial First Class Magistrate Court, Mattancherry, Ernakulam District, to consider the application for recall of warrant and the bail application, if any, filed by the petitioner in C.C.No.232/2021 on its file, on the date of surrender itself. The non bailable warrant already issued against the petitioner shall be kept in abeyance for a period of two weeks or till the date of surrender, whichever is earlier.
This Crl.M.C. is disposed of.