Petitioner is the first accused in Crime No.17 of 2007 of Marad Police Station registered under Sections 498A, 506(i) and 406 of the Indian Penal Code. The case is pending before the Judicial First Class Magistrate Court-V, Kozhikode. The petitioner is the husband of the defacto complainant and the dispute pertains to demand of dowry and ornaments. Petitioner failed to appear before the lower court on account of his employment abroad.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Learned counsel for the petitioner submitted that the petitioner is prepared to surrender before the trial court and also that his absence was not wilful. Therefore, it is requested on behalf of the petitioner that the Magistrate may be directed to consider the bail application on the date of his surrender itself. Considering the entire facts and circumstances, I find that the request made by the learned counsel can be allowed.
In the result, the petition is allowed. In the event of the petitioner surrendering before the trial court and moving for bail, the Crl.MC No.2642/2014 2 learned Magistrate shall consider the bail application on merits on the date of his surrender itself.
A. HARIPRASAD, JUDGE.
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