The petitioner herein is the accused in S.T 4015/2011 of the Judicial First Class Magistrate Court I – Kollam, which now stands transferred to the register of long pending cases as LP 71/2014. He now seeks orders quashing the complaint on the ground that he and the complainant have settled the dispute. If so, the parties will have to approach the trial court for composition under the law. The petitioner's apprehension is that since the warrant of arrest is pending against him, the learned Magistrate will remand him to custody on surrender. This court does not think that the learned Magistrate will remand him to custody when the offence is bailable. He can very well surrender before the learned Magistrate, and make application for bail. If composition acceptable under the law is reported, it will definitely be accepted and recorded by the learned Magistrate. In the result, this petition is closed with direction to the court below, that in case the petitioner surrenders in S.T 4015/2011, and makes application for composition, the same shall be considered, or Crl. M.C No. 6307 of 2014 2 if bail is sought, it shall also be judiciously considered. When composition is reported the learned Magistrate shall not insist on personal appearance in view of the legal position settled by this court. The petitioner is granted time for two weeks to surrender before the learned Magistrate, and make application. During this period, execution of the warrant of arrest will be kept in abeyance.
P.UBAID, JUDGE sab