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2024 Supreme(Online)(KER) 11602

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
RAHUL.R – Appellant
Versus
STATE OF KERALA – Respondent


ORDER

Petitioner challenges the non-bailable warrant issued against him in C.P. No.41/2023 on the files of the Judicial First Class Magistrate Court-II, Nedumangad.

2. Sri. Mansoor B.H, the learned counsel for the petitioner contended that even without issuing a summons, the learned Magistrate had issued a non bailable warrant based on the statement in the final report that petitioner had not co-operated with the investigation from the crime stage itself. The learned counsel pointed out that the said procedure adopted by the learned Magistrate is contrary to the judgment of the Supreme Court in Satendar Kumar Antil Vs. Central Bureau of Investigation and another [2021 (10) SCC 773].

3. I have heard Sri. Ashi M.C, the learned Public Prosecutor as well.

4. Petitioner has pleaded that he is arrayed as an accused for the offences under Sections 323, 324, 341, 308 and 427 r/w Section 34 of the Indian Penal Code, 1860. Punishments for each of the above sections are tabulated as below;

Section Punishment
Section 323 of IPC One year with fine
Section 324 of IPC Three years with fine
Section 341 of IPC One month with fine
Section 308 of IPC Seven years with fine
Section 427 of IPC T

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