The petitioner herein is the sole accused in C.C No.177/2014 of the Chief Judicial Magistrate's Court – Kasaragod. He was granted bail by this court on 24.6.2014 as per the order on Bail Application Number 4171/2013. On 16.7.2014, the learned Magistrate issued warrant of arrest against the petitioner, recording services of summons as reported by the police. His grievance is that he had not in fact received summons, and that the report submitted by the police is not true. Now, on the apprehension of arrest in execution of the warrant of arrest issued from the trial court, the petitioner seeks a direction from this court under Section 482 Cr.P.C, to recall the warrant of arrest issued from the trial court, and to release him on bail. Of course, the petitioner will have to surrender before the learned Magistrate, and make application to recall the warrant. I do not think that the learned Magistrate will mechanically remand him to judicial custody. The diary extract produced by the petitioner shows that the trial court has not cancelled the bail. The trial court has not come to any finding Crl. M.C No.6930 of 2014 2 regarding forfeiture of bond, and there is no order canceling the bail. The petitioner will have to make application to recall warrant, and he will have to explain his absence. It appears that he has a genuine grievance as regards services of summons. This will have to be examined by the trial court. Anyway, let appropriate decision be taken by the learned Magistrate. However a direction can be given to the court below to consider the request on the date of surrender itself. It is submitted by the learned counsel that the trial court has passed orders forfeiting the huge amount deposited by the petitioner. Such a proceeding is not revealed by the diary extract. Such a course will definitely be unjust. The court will have to hear the petitioner and his sureties before taking any such decision. In the result, this petition is closed with direction to the court below, that in case the petitioner surrenders, and makes application to recall warrant, appropriate decision shall be taken by the trial court. The petitioner is granted time for seven days to surrender before the trial court, and to make application. During this period execution of the warrant of arrest will stand suspended.
P.UBAID, JUDGE sab