Petitioner is the 2nd accused in Crime No.359 of 2012 of Puthencruz Police Station registered under Sections 409 and 420 read with Section 34 of the Indian Penal Code. The matter is pending before the Judicial First Class Magistrate Court, Kolenchery in C.C.No.400 of 2014.
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. Learned counsel for the petitioner would submit that the petitioner did not get summons in the case and that is why she could not appear before the trial court. However, the fact remains that a warrant is pending against her. The request made by the learned counsel is to direct the learned Magistrate to consider the bail application on the date of surrender by the petitioner. 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.2636/2014 2 learned Magistrate shall consider the bail application on merits on the date of her surrender itself.
All pending interlocutory applications will stand dismissed.
A. HARIPRASAD, JUDGE.
cks