The petitioner is the 27th accused in Crime No.903 of 2001 of Pathanamthitta Police Station, which is now pending as S.C.No.613 of 2012 before the Additional District and Sessions Court-II (Fast Track-I), Pathanamthitta. The offences alleged are punishable under Sections 143, 144, 145, 147, 148, 150, 151, 152, 153A, 307, 435, 436, 332, 353 read with Section 149 of IPC and Section 20 of the Arms Act read with Section 27 and 2(c) of the PDPP Act. In the committal proceedings stage the petitioner was granted bail. Subsequently the case was committed to the Additional District and Sessions Court-II and the same was numbered as S.C.No.422 of 2006 and the petitioner obtained bail from that court also. After that, before framing charge the petitioner went to Kingdom of Saudi Arabia on 12/11/2009 in connection with his job. Resultantly, the Sessions Court cancelled the bail granted to the petitioner on 29/1/2010. Thereafter the case against the petitioner was split up and trial was conducted against other accused and they were acquitted on 13/4/2012. The case against the petitioner was refiled as S.C.No.613 of 2012 and non-bailable warrant is issued against him. 2. According to the petitioner, he is ready to surrender before the court below. But his apprehension is that as non- bailable warrant is pending against him there is every possibility of bail application not being considered by the Sessions Court on the day of surrender itself. Therefore he seeks interference of this Court to direct the Sessions Court to consider his application for bail on the day of surrender itself.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. Considering the facts and circumstances of the case this Crl.M.C. is disposed of with a direction to the petitioner to surrender before the Sessions Court within a period of two weeks from today and with a further direction to the Sessions Court to consider the bail application submitted by the petitioner on the day of surrender itself, strictly in accordance with law. It is further ordered that the non-bailable warrant issued against the petitioner shall be kept in abeyance for a period of two weeks from today.
The Crl.M.C. is disposed of as above.
Sd/-
ANIL K.NARENDRAN, JUDGE skj