Heard the learned counsel for the petitioner and respondents.
2. Petitioner is arrayed as 2nd accused in a private complaint filed by the first respondent. The offence alleged is punishable under Sections 405, 409, 420 read with Section 34 of the Indian Penal Code. The Crl.M.C is filed seeking to quash C.C.No.942 of 2007 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam. The first respondent is the complainant. The allegation is that the complainant's investments and money are misappropriated by the 1st accused brokering agency. It is submitted that the only allegation made against the petitioner and other accused other than accused No.1 is that 'Accused Nos. 2 to 7 runs the Company'. It is also submitted that there is no allegation against the petitioner. It is also pointed out that the first accused Company was liquidated by the order of the Madras High Court in CP 166/2003. Therefore, the petitioner seeks to quash Annexure A complaint.
3. Petitioner is a resident of Chennai. The petitioner did not appear before the court below. It is submitted that no summons was served on him. Due to the non-appearance of the petitioner, non- bailable warrant was issued against him.
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4. The petitioner is willing to surrender before the court below. Non-bailable warrant is pending against him. Now, the petitioner seeks a direction from this Court to consider his application for bail on the date of surrender itself.
In the facts and circumstances, there will be a direction to the Additional Chief Judicial Magistrate Court, Ernakulam to consider and pass orders on the bail application on the date of surrender itself in the event of the petitioner surrendering before the court below and submitting an application for bail with prior notice to the Assistant Public Prosecutor within a period of ten days from today. The non-bailable warrant issued shall be kept in abeyance till the bail application is heard and dispose of.
The Crl.M.C is disposed of without prejudice to the right of the petitioner to apply for discharge, at the appropriate stage if so advised.
Sd/-
HARUN-UL-RASHID, Judge.
AL/-
True copy P.A to Judge