Bechu Kurian Thomas, J
1. Relief sought for in this petition is for a direction to the Judicial First Class Magistrate Court, Aluva to permit the petitioner to surrender and consider the grant of bail on the same day itself in L.P.No.13/2022.
2. Petitioner herein is the accused in S.T.No.100/2016 on the files of the Judicial First Class Magistrate Court, Aluva. Due to the non-appearance of the accused, the case was transferred to the long pending register as L.P.No.13/2022 on the files of the Judicial First Class Magistrate Court-III, Aluva and non-bailable warrant is pending against him.
3. The learned counsel for the petitioner submitted that the reason for non-appearance was due to the critical illness of petitioner’s father and his wife. It was further submitted that, petitioner is willing to appear before the trial court and seek bail and will regularly participate in the trial. However, petitioner apprehends that he will be remanded to custody.
4. Having regard to the circumstances pointed out, I am satisfied that a direction can be issued to the trial court to consider the applications for bail and recall of warrant, on the same day itself.
5. Accordingly, there will be a direction to the Judicial First Class Magistrate Court-III, Aluva, to consider and pass appropriate orders on the applications for bail and recall of warrant, if filed, on the date of appearance of the petitioner provided petitioner appears before the learned Magistrate on or before 10.03.2023.
The Crl.M.C. is allowed as above.
