Court grants the appellant an opportunity to surrender and pursue bail while protecting his rights concerning a non-bailable warrant.

ORDER

The petitioner is the first accused in C.P. No.

92/2025 pending on the file of the Court of the Judicial First Class Magistrate, Chavakkad (‘Committal Court’, in short), which has arisen from Crime No. 834/2022 registered by the Pavaratty Police Station, Thrissur District, alleging the commission of the offences punishable under Sections 341 , 308, 427 and 506 read with Section 34 of the Indian Penal Code , Sections 27 (2) and 7 of the Arms Act, 1959 , and Section 5 of the Kerala Prevention of Damage to Private Property and Payment of Compensation Act, 2019 .

2. The petitioner has stated in the Criminal Miscellaneous Case is that, he is employed in Saudi Arabia since 2022 onwards. The petitioner has not received any summons from the police or Committal Court. The petitioner is totally unaware of the proceedings initiated against him. The petitioner has reliably learnt that a non-bailable warrant has been issued against him. The petitioner is ready and willing to come down to India, surrender before the Committal Court and get himself enlarged on bail. However, the petitioner is apprehensive that his 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 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.834/2022 of the Pavaratty Police Station 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 Committal Court within a week from the date of his appearance. However, the Investigating Officer shall not enforce the non-

bailable warrant.

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

iv). In order to enable the petitioner to surrender before the Committal Court, the non- bailable warrant 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 Committal Court within a week thereafter.

Sd/-

C.S.DIAS, JUDGE