Saritha.S. Nair vs State Of Kerala

The petitioner is the second accused in C.C.No.1357/2013 pending on the files of the Judicial First Class Magistrate Court-III, Kozhikode.

Cognizance in the case has been taken for offences punishable under Sections 120[B], 419, 468, 471, 406 and 420 of IPC. According to the petitioner,

even though she had been appearing before the trial court regularly, she failed to appear on 11.02.2021 due to her physical ailments. As per

Annexure-A4 certificate, the petitioner has been diagnosed with Mononeuritis multiplex. Even though an application seeking exemption from personal

appearance was filed, the learned Magistrate dismissed the application and issued non-bailable warrant against the petitioner. The limited relief sought

in this Criminal M.C. is for permission to surrender before the Magistrate court and for a direction to the learned Magistrate to consider the bail

application on the date of surrender itself.

Taking into account the medical certificate/reports produced as Annexures-A1, A3, A4 and A5, I am inclined to grant the relief sought. The

Criminal M.C.is dispoed of permitting the petitioner to surrender before the Judicial First Class Magistrate Court-III, Kozhikode in C.C.No.1357/2013

and to move an application for bail with notice to the Public Prosecutor. In such event, the learned Magistrate shall consider the bail application on the

date of surrender and pass orders thereon on the same day. In order to provide an opportunity for the petitioner to surrender and move the bail

application, the non-bailable-warrant issued against her shall be kept in abeyance for a period of two weeks.