Sushil Kamar vs State Of Kerala

C.S Dias, J

The petition is filed under Section 482 of the Code of Criminal Procedure to direct the Court of the Judicial First Class Magistrate Court-V, Kozhikode, to consider and dispose of the bail application that the petitioner proposes to file in CC No.50/2018 on the date of surrender itself.

The petitioner is the sixth accused in CC No.50/2018 of the above Court, which is registered against him for the offences punishable under Sections 379, 411 read with Sec.34 of the Indian Penal Code.

The petitioner contends that his name did not figure in Annexure-1 FIR. He was not questioned or arrested during the investigation stage. Later, Annexure A2 final report was filed against him with an absconding charge-sheet. The petitioner was employed in Gulf and he was unaware of the proceedings. It is learnt that a non-bailable warrant has been issued against him. The petitioner apprehends that he may be remanded to judicial custody and his bail application may not be considered on merits. Hence the Crl M.C.

Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the respondent/State.

Having considered the facts and circumstances of the case and the materials on record, I am of the view that the court below is to be directed to consider the petitioner’s bail application, if any moved, on the date he surrender itself.

Resultantly, I direct the Court of the Judicial First Class Magistrate Court-V, Kozhikode, to consider the bail application, if any, filed by the petitioner in CC No.50/2018 on the date the petitioner surrenders, which shall be done within a period of ten days from today. All coercive proceedings initiated against the petitioner shall stand suspended till a decision is taken on the bail application.

The Crl MC is ordered accordingly.