The prayer in the above said Crl.M.C filed under Sec.482, invoking the ignorant powers of this Court conferred under Sec.482 of the Cr.P.C, is for a direction to the Chief Judicial Magistrate's Court, Thrissur to re-call the warrant of arrest issued against the petitioner in C.C.No.103/2012 on the file of the said Court in Crime No.382/2012 of Thrissur East Police Station and permit him to appear before the said court for bail and direct the said Magistrate's Court to allow the bail application to be submitted by the petitioner on the same day itself. The petitioner is the sole accused in C.C.No.103/2012 on the file of the Chief Judicial Magistrate's Court, Thrissur, for offence punishable under Sec.498A of the Indian Penal Code. The wife of the petitioner is the de facto complainant. It is averred that the petitioner appeared before the Chief Judicial Magistrate's Court, Thrissur, on almost all the posting dates and when the case was posted for framing charge on 27-1-2014, he was represented by counsel, on which day, the matter got adjourned to 21-4-2014. On that date also, the petitioner was represented by his counsel and the case was adjourned to 19-5-2014. It is submitted by the Advocate's clerk attached to the petitioner's counsel, one Sri.Vineeth was involved in a criminal case and was arrested by the Thrissur Police and remanded and on this account, the petitioner's counsel could not trace out the posting date of the petitioner's case in time and that so when the case was called upon on 19-5-2014, the Chief Judicial Magistrate's court issued Non Bailable Warrant against the petitioner and posted the case to 12-8-2014. The petitioner's counsel was unaware about the posting date on 12-8-2014 also and therefore, the Chief Judicial Magistrate issued Non Bailable Warrant (NBW) through Superintendent of Police, Pathanamthitta and posted the case to 26-9-2014. It is stated that when the police concerned came to the petitioner's residence in search of the petitioner, he was not present there on that day, since the petitioner is working at Ernakulam. On making enquiries, the petitioner's counsel came to know about the reason of the arrival of the police at the residence and it is only then he came to know that the Chief Judicial Magistrate issued an order recording that the petitioner is absconding and has taken steps under Secs.82 and 83 of the Code of Criminal Procedure and posted the case to 27-11-2014. It is prayed by the petitioner accordingly that he is not in the position to surrender before the court below, because Non Bailable Warrant is pending against him and hence he prayed for surrender before the court below and for direction in the matter of grant of bail.
2. Heard Sri.Shoby.K.Francis, the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent State of Kerala.
3. It is for the petitioner to ascertain the particulars to establish his case that the above said Advocate's clerk attached to the petitioner's counsel was not in the position to know the posting date on the day in question as he was arrested and remanded in connection with Crime NO.1273/2014 of Thrissur West Police Station, the matter in relation to which is stated to be pending before the Chief Judicial Magistrate's Court, Thirissur. It is then for the petitioner to take up the plea that the Advocate's clerk concerned who is attached the petitioner's counsel was arrested and remanded on the day in question and that therefore, he was unable to know about the next posting date and that this is for the reason as to why the petitioner and his counsel could not appear in the matter before the court below on the particular date concerned. The learned counsel for the petitioner would submit that the fact that Sri.Vineeth, the Advocate's clerk concerned was actually arrested and remanded on the particular day concerned is self evident from the records maintained by the Chief Judicial Magistrate Court, Thrissur as the matter in relation to the crime in which the said advocate's clerk is involved (Crime NO.1273/2014 of Thrissur West Police Station), is on the file of the same Chief Judicial Magistrate's Court, Thrissur. It is for the petitioner to establish the genuineness and tenability of the reasons in this regard and make an appropriate application before the Chief Judicial Magistrate, Thrissur, seeking re-call of the warrant and for grant of bail. After such necessary applications are made and petitioner appears, then the Chief Judicial Magistrate, Thrissur will consider the same on the same day and pass appropriate orders in accordance with law, taking into account the aforementioned facts and circumstances of the case now pleaded by the petitioner. Needless to say that as the investigation is already completed and final report was submitted in this case long ago, there cannot be any necessity for custodial detention. It is further ordered in the interest of justice and taking into account the plea of the petitioner that the Advocate's clerk was disabled from knowing the posting date on account of his arrest and remand as averred by the petitioner, that further coercive steps on the Non Bailable Warrant issued against the petitioner will be kept in abeyance, until the learned Chief Judicial Magistrate, Thrissur considers and take a decision as stated above. It is made clear that the petitioner does not make the application as stated above on or before 5-11-2014, the order granted herein directing keep in abeyance the coercive steps will stand automatically vacated.
Stu ALEXANDER THOMAS, JUDGE.
//True copy// P.A to Judge