The petitioner may surrender to the trial court and the non-bailable warrant is kept in abeyance pending conditions of return.

ORDER

The petitioner is accused in L.P.No.24/2008 on the file of the Court of the Judicial First Class Magistrate-I, Varkala, (‘Trial Court’, in short), which has originated from Crime No.90/2004 registered by the Kallambalam Police Station, Thiruvananthapuram, alleging the commission of the offences punishable under Sections 3 and 4 of the Explosive Substances Act .

2. The petitioner has stated in the criminal miscellaneous case that he is totally unaware of the crime. He is residing in United Kingdom since 2001. The petitioner has reliably learnt that a non-bailable warrant (‘NBW’) has been issued against him and the case has been transferred to the long pending register.

The petitioner is willing to surrender before the Trial Court and get himself enlarged on bail. However, the petitioner is apprehensive that his application may not be considered on the date of his surrender and he may be remanded to judicial custody. Hence, the Crl.M.C. 3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.

On a consideration of the facts and the materials on record, without expressing anything on the merits of the matter, I dispose of the Crl.M.C in the following manner:-

i). The petitioner is directed to appear before the Investigating Officer in Crime No.90/2004 on the day he returns to India.

ii). The Investigating Officer is directed to obtain the phone number, address and the other details of the petitioner, and ensure that he surrenders before the Trial Court within a week from the date of his return to India. However, the Investigating Officer shall not enforce the NBW.

iii). On the petitioner surrendering before the Trial Court, and filing applications to recall the NBW and to enlarge him on bail, the Trial Court shall consider the applications, in accordance with law, on the day that the petitioner surrenders before the Trial Court.

iv). In order to enable the petitioner to surrender before the Trial Court, the NBW issued against the petitioner shall be kept in abeyance for two weeks from today, provided the petitioner appears before the Investigating Officer on the day he returns to India, and surrenders before the Trial Court within a week thereafter.

Sd/-

C.S.DIAS, JUDGE SCB.12.02.26.

PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE FIR IN CRIME NO. 90 OF