IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 18TH MARCH 2011 / 27TH PHALGUNA 1932 Crl.MC.No. 872 of 2011() ------------------------ ST.2438/2009 AND L.P.R. NO.38/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT, VADAKKANCHERY .................... PETITIONER(S): ACCUSED ---------------------- RAJESH A.V., S/O.VASUDEVAN, AYALAKKATTU VALAPPIL HOUSE, PALLOOR P.O., DESAMANGALAM, THALAPPILLY TALUK, THRISSUR DISTRICT. BY ADV. SRI.DILIP J. AKKARA RESPONDENT(S): COMPLAINANT -------------------------- THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SMT.M.K.PUSHAPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.872 of 2011 -------------------------------------- Dated this the 18th day of March, 2011. ORDER Petitioner is accused in S.T.No.2438 of 2009 and L.P.R.No.38 of 2010 of the court of learned Judicial First Class Magistrate, Wadakkanchery for offences punishable under Sections 279 and 338 of the Indian Penal Code (for short, “the Code”). That case arises from the final report submitted by Cheruthuruthi Police in Crime No.184 of 2009 . Petitioner states that since he is working abroad and went there he was not aware of pendency of the case. Learned Magistrate has issued non-bailable warrant to the petitioner and included the case in the Long Pending Register. Petitioner proposes to come to his native place by the end of this month. But his apprehension is that he may be arrested and remanded. Hence it is requested that Annexure-2, issuing non-bailable warrant to the petitioner and including the case in the Long Pending Register may be quashed. I have heard learned Public Prosecutor also. 2. There is no reason why the non-bailable warrant issued to the petitioner has to be quashed. What is required is only to grant time to the petitioner to surrender in the trial court so that the case could be removed from the Long Pending Register and re-filed. Having regard to the circumstances stated I am inclined to grant time. Crl.MC No.872/2011 2 Resultantly this petition is disposed of granting one month’s time from this day to the petitioner to surrender in the trial court and seek regular bail. Warrant of arrest issued to petitioner will stand in abeyance during the said period of one month or till petitioner surrenders in the trial court, whichever is earlier. In case an application for bail is preferred learned Magistrate shall consider the same having regard to the fact that offences involved are under Sections 279 and 338 of the Code, final report has already been filed, cognizance is taken and hence custodial interrogation of the petitioner may not be required. THOMAS P.JOSEPH, Judge. cks