ORDER

Dated this the 20th day of September, 2021 In the nature of the reliefs sought in the petition on hand, notice to respondents is dispensed with.

2. It is averred in the petition on hand that the petitioner is the sole accused in C.P.No.16/2021 on the files of Judicial First Class Magistrate Court IV, Perumbavoor, Ernakulam (for short 'the court below'). C.P.No.16/2021 was originated from the final report filed in CR.No.22/2020 of Excise Range, Aluva registered for the offences punishable under Section 55(i) & 67B of the Abkari Act, 1077, the true copy of which is appended to the petition on hand as Annexure A1.

3. According to the learned counsel, the petitioner was ready and willing to surrender before the court below and avail bail on receiving summons from the court but the court below issued only Non Bailable Warrant in lieu of summons against him and therefore he is of apprehension that on surrendering before the court below, he would be remanded to judicial custody. In the above circumstances that he has sought for issuance of a direction to the court below to consider and dispose of the bail application proposed to be filed on the day of surrender itself.

4. In the report obtained from the court below it is found stated that the accused was absconding all throughout investigation and that prompted the ofÏcer holding the ofÏce to invoke the jurisdiction under Section 87 of the Code of Criminal Procedure (for short ‘Cr.P.C’) to issue warrant in lieu of summons against him after recording the said reason.

5. It is submitted by the learned counsel for the petitioner that though the petitioner was absconding during investigation, he was desirous of surrendering before the court below if was served with a summons from the court. Summons was not served on him, but only warrant and therefore he was unable to appear before the court.

6. It is clear from the report of the Magistrate that without issuing summons that warrant was issued. The petitioner is ready to surrender and furnish solvent sureties for obtaining bail. That being the interest of the petitioner, this Court issues a direction to the court where petitioner surrenders and applies for bail to consider and pass appropriate orders in accordance with law, without delay.

With the above observations Crl.M.C is disposed of.

sd/-

MARY JOSEPH JUDGE

NAB

APPENDIX OF CRL.MC 4063/2021 PETITIONER’S ANNEXURE:

ANNEXURE A1 TRUE COPY OF THE REPORT IN CR NO.22/2020 OF EXCISE RANGE, ALUVA DATED 25.08.2020 FILED BEFORE THE JFMC-IV, PERUMBAVOOR.

RESPONDENTS’ ANNEXURE:NIL //TRUE COPY//

P A TO JUDGE