The petitioner is the sole accused in S.T.No.2968/2008 pending before the Judicial First Class Magistrate Court-I, Kodungallur and his grievance is that he could not appear before the court below and could not take the bail as he was in abroad. But, now Non Bailable Warrant is issued against him. So, according to the petitioner, in case he is appearing before the court below, there is every likelihood of sending him to jail. Therefore, he preferred this petition under Section 482 of the Cr.P.C. with a prayer to issue a direction directing the court below to consider the bail application and grant bail to him on the day itself of his surrender in the light of the decision of this Court reported in Manoj Kumar v. State of
Kerala [1990(1) KLT 120].
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
3. According to the learned counsel for the petitioner, the petitioner is involved in a crime wherein the offences involved are only bailable offences. But, as he was not available in station, he could not approach the court for taking bail. If that be so, according to me, it is only just and proper to relegate the petitioner to approach the court below and to move application for recalling the warrant and for bail.
In the result, this Crl.M.C. is disposed of relegating the petitioner to approach the court below by filing appropriate petition setting forth the reasons for his previous absence and to seek an order to recall the warrant and for bail. I am sure that in the event of filing such petition, the learned Magistrate will consider the same on merit guided by the decision in Manoj Kumar's case (supra) and the decision reported in Oseela Abdul Khaker v. State of Kerala [2012(4)KLT 535].
This Crl.M.C. is disposed of as above.
V.K.MOHANAN, Judge MBS/