1.The petitioner is the accused in C.C.No.50 of 2003 on the file of the Judicial Magistrate of 1st Class, Varkala. It appears that in the aforesaid case, he is proceeded against for having committed offence punishable under Section 498A of the IPC. The case against accused Nos.2 to 6 were earlier quashed by this Court and in so far as the petitioner is concerned, his application for pre-arrest bail was allowed.
2.For the failure of the petitioner to appear before the learned Magistrate, non bailable warrant has been issued to him. According to the learned counsel, the case files were misplaced and that fact accounted for the undue delay in disposing of the matter.
Crl.M.C.1179/2017 2
3.In this petition filed under Section 482 of the Code of Criminal Procedure, it is prayed that directions be issued to the court below to consider his application for recall of warrant and grant of bail on the date of surrender itself.
4.Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, this petition is disposed of by directing the petitioner to surrender before the court below and to move an application for recall of warrant and grant of bail within a period of two weeks from today with advance notice to the concerned prosecutor. If such an application is filed, the court below is directed to consider and dispose of the same, preferably on the date of surrender itself.
Sd/-
RAJA VIJAYARAGHAVAN.V.
JUDGE vps