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Judgment
6 paragraphs · 239 wordsBechu Kurian Thomas, J
Petitioner is the accused in C.C.No.1080/2017 on the files of the Judicial First Class Magistrate's Court-I, Kozhikode. Despite issue of summons to the petitioner from 2018 onwards, he has not entered appearance and therefore a bailable warrant has been issued.
Adv.Bimala Baby appearing on behalf of the petitioner submitted that petitioner was never served with any notice or summons or any other process from the court and hence he could not appear before the court. It was submitted that petitioner is willing to appear before the Magistrate's Court within two weeks and seek recall of warrant and also take bail, however, he apprehends that he may be remanded to custody and hence this petition under Section 482 of the Code of Criminal Procedure, 1973.
Having regard to the circumstances of the case and also the nature of offences committed, I am of the view that if the petitioner appears before the learned Magistrate on or before 15.03.2023 and prefer an application for recall of warrant as well as for bail, the learned Magistrate shall consider the same and pass appropriate orders on the same day itself.
The coercive proceedings against the petitioner shall be kept in abeyance till 15.03.2023. It is clarified that if the petitioner fails to appear within the time stipulated, the proceedings against the petitioner can continue, in accordance with law.
The Crl.M.C. is disposed of as above.