The court emphasizes expediting bail applications upon the surrender of a petitioner facing a non-bailable warrant.

ORDER

The petitioner is the third accused in C.C. No.

112/2019 on the file of the Court of the Judicial First Class Magistrate, Kolenchery (‘Trial Court’, for short), which has originated from Crime No. 175/2018 registered by the Ramamangalam Police Station, Ernakulam, for allegedly committing the offences under Section 406 and 420 read with Section 34 of the Indian Penal Code .

2. The petitioner has stated in the Criminal Miscellaneous Case that he was represented through a lawyer before the Trial Court. However, due to the illness of the petitioner’s mother, the petitioner could not appear before the Trial Court. Subsequently, the petitioner went to Maharashtra in connection with his employment. Consequently, the petitioner has reliably learnt that a non-bailable warrant has been issued against him. The petitioner is willing to surrender before the Trial Court. However, the petitioner is apprehensive that the bail applications may not be considered on the same day, and he may be remanded to the judicial custody. Hence, the Crl.M.C.

3. I have heard the learned Counsel appearing for the petitioner and the learned Public Prosecutor.

4. 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. by permitting the petitioner to surrender before the Trial Court within a week from today and file applications to recall the non- bailable warrant and to enlarge him on bail, provided he serves advanced copies of the applications to the learned Public Prosecutor. If such applications are filed within the prescribed time period, the Trial Court is directed to consider and dispose the applications in accordance with law and as expeditiously as possible, preferably on the same day the petitioner surrenders before the Trial Court.

Sd/-

C.S.DIAS, JUDGE