Sony vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by the 3rd accused in C.C. No.38 of 2020 on the Judicial First Class Magistrate Court-III, Palakkad, seeking a direction to consider the bail application of the petitioner in the above case and to release her on bail in the event of her surrender. In this matter, the prosecution alleges commission of offences punishable under Sections 498(A) read with 34 of IPC.

Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the relevant materials available.

While arguing the matter, the learned counsel for the petitioner would submit that, since the petitioner was abroad, she could not attend the trial court. Now, the petitioner apprehends arrest and detention in view of the non bailable warrant issued against her. The learned counsel for the petitioner would submit that, the petitioner is ready to surrender before the trial court and seek regular bail. Therefore, there may be a direction to the trial court to consider the bail application filed by the petitioner on the same day.

The learned Public Prosecutor did not oppose the relief sought for.

In this matter, the petitioner is facing arrest and detention, in view of the non bailable warrant issued against her, since she failed to appear before the trial court. Now, this petition has been filed to permit the petitioner to surrender before the trial court to seek regular bail.

In such view of the matter, this petition stands disposed of directing the petitioner to surrender before the trial court, within ten days from today.

Since, offences punishable under Sections 498(A) read with 34 of IPC are alleged against the petitioner, there shall be a direction to the learned Magistrate to release the petitioner on bail, on her surrender within a period of ten days as ordered, by imposing necessary conditions. Execution of non bailable warrant stands deferred till surrender of the petitioner within ten days and not thereafter.

Registry is directed to forward a copy of this order to the trial court, within three days, for information and further steps.