IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

MONDAY, THE 06TH DAY OF JANUARY 2020 / 16TH POUSHA, 1941

Crl.MC.No.9281 OF 2019(A)

AGAINST THE ORDER IN CC NO.135/2014 OF CHIEF JUDICIAL
MAGISTRATE, PALAKKAD

CRIME NO.667/2014 OF TOWN NORTH POLICE STATION, PALAKKAD

PETITIONER/ACCUSED:

1 PANEER SELVAM,
AGED 43 YEARS,
S/O. SUBRAMANI, KULLANGOUNDER THERUVU,
MANAMKADU, ATHUPETTY, SALEM, TAMILNADU.

2 MAHALAKSHMI,
AGED 70 YEARS
W/O. SUBRAMANI, KULLANGOUNDER THERUVU,
MANAMKADU, ATHUPETTY, SALEM, TAMILNADU.

BY ADVS.
SRI.ABDUL RAOOF PALLIPATH
SRI.K.R.AVINASH (KUNNATH)

RESPONDENT/COMPLAINANT AND STATE:

1 THE STATION HOUSE OFFICER,
TOWN NORTH POLICE STATION, PALAKKAD-678 001

2 THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031

SRI. AMJED ALI PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 06.01.2020, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:

Crl.M.C. No.9281 of 2019
———————————————–
ORDER

The petitioners are accused Nos.1 and 2 in L.P.No.49 of

2019 on the files of the Court of the Chief Judicial Magistrate,

Palakkad. The case is one instituted at the instance of the wife of

the first petitioner under Section 498A read with Section 34 of the

Indian Penal Code. According to the petitioners, though they

have taken bail in the matter, they have not received summons

in the matter and they are now informed that warrant of arrest is

pending against them for their non-appearance in the

proceedings. The petitioners are prepared to surrender before the

court below, but they apprehend that if they surrender, they will

be remanded to judicial custody, submits their counsel. The

petitioners, therefore, seek directions to the court below to recall

the warrant of arrest issued against them and enlarge them on

bail on their appearance.

2. Should the warrant of arrest issued against the

petitioners be recalled and should they be released on bail are

matters for the learned Magistrate to consider. There is absolutely

no reason to think that if the petitioners surrender before the

court below and satisfactorily explain the cause for their non-

appearance, the learned Magistrate would mechanically remand

them to custody, without considering their applications for bail.

However, having regard to the submissions made at the

Bar, this Crl.M.C. is disposed of with a direction to the court below

that if the petitioners apply for bail on surrender, the same shall

be considered and disposed of on the date of surrender itself, with

notice to the Public Prosecutor.

Sd/-

P.B.SURESH KUMAR, JUDGE.

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE 1 PHOTOCOPY OF THE FINAL REPORT IN CRIME
NO. 667/14 OF NORTH TOWN PPOLICE
STATION, PALAKKAD.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE