The petitioner herein is the accused in Crime No.1230 of 2014 of Anthikkad Police Station in Thrissur District. When his application for anticipatory bail was pending before this Court, he was arrested in another crime registered in Kalady Police Station as Crime No.2070 of 2014. On production before the learned Magistrate, he was remanded to judicial custody. His counsel made application before the learned Judicial First Class Magistrate-III, Thrissur for issuance of a production warrant to cause his production before the court in the crime registered in the Anthikkad Police Station. The said application filed as Crl.M.P. No.7342 of 2014 was dismissed by the learned Magistrate on the ground that the Investigating Officer will have to take necessary steps. The learned Magistrate also observed that the petitioner can even surrender in the Anthikkad Crime before the Judicial First Class Magistrate, Kaladi. The said order is under challenge in this proceeding. Crl.M.C No.7125 of 2014 2
The learned counsel for the petitioner invited the attention of this Court to the decision in Arun v. State of Kerala [2010 (3) KLT 515] wherein this Court directed to issue production warrant to cause production before the Magistrate concerned. I find that the said procedure can be followed in this case also and the request of the petitioner can be allowed by the Court. Just because the Investigating Officer has not taken steps to cause production, his right to appear in court and defend the proceeding cannot be denied. When he makes application for issuance of production warrant while undergoing custody in another crime, it will have to be allowed by the court in view of the directions made by this Court in Arun v. State of Kerala.
In the result, this petition is allowed. The impugned order is set aside, and the court below is directed to pass orders afresh on Crl.M.P. No.7342 of 2014 in view of the directions of this Court in Arun v. State of Kerala.
Sd/- P.UBAID JUDGE ma /True copy/ P.S to Judge