Syed Sulthan Alias Babu vs State Of Kerala

Raja Vijayaraghavan V, J

The petitioners herein are the accused Nos.5 and 6 in C.P.No.2 of 2022 on the files of the Judicial Magistrate of First Class, Tripunithura. It appears that the case was posted on 27.03.2023, on which day the petitioners were absent. The learned counsel appearing for the 5th accused filed an application for exemption along with a medical certificate, and his request was allowed. However, the application filed by the 6th accused was rejected, and a non-bailable warrant was issued. The case was then posted on 18.04.2023. The petitioners contend that they are residents of Tamil Nadu and on account of their ill-health, they were not in a position to appear on the date of posting. The learned Magistrate rejected the application for exemption and proceeded to issue a non-bailable warrant as against the 5th accused, and the bail bond of the 6th accused was canceled. Challenging the above orders, the petitioners are before this Court seeking to set aside the order canceling the bail bond and also to recall the non-bailable warrant issued against the petitioners herein. They have also sought to permit them to appear before the learned Magistrate on 25.05.2023.

The learned counsel appearing for the petitioners submits that the petitioners are residents of Tamil Nadu and serious hardship would be caused if the order passed by the learned Magistrate is permitted to take its course. It is further submitted that the sureties are residents of Kerala, and it would be next to impossible to secure fresh sureties.

I have heard Sri.G.Hariharan, the learned counsel appearing for the petitioners and the learned Public Prosecutor.

Having gone through the orders passed by the learned Magistrate and taking note of the undertaking of the petitioners that they shall appear before the learned Magistrate on 25.05.2023 and in the facts and circumstances, I am of the view that some indulgence can be shown to the petitioners.

(i) The petitioners shall appear before the learned Magistrate on 25.05.2023.

(ii) The order dated 18.4.2023 ordering the cancellation of the bail bond of the 6th accused is quashed. The 6th accused shall be permitted to continue in bail on the very same bond.

(iii) If petitioners prefer applications for recalling the non-bailable warrant, the same shall be considered, and orders shall be passed on the same day itself.

(iv) The petitioners shall diligently cooperate with the trial proceedings and appear before the learned Magistrate without fail to enable expeditious committal of the case.