High Court dismissed petition under s.482 CrPC seeking recall of non-bailable warrant. Court directed petitioner to surrender and approach trial court with notice to prosecutor for merit-based disposal.
Petitioner directed to surrender and apply for recall at trial court with notice to Assistant Public Prosecutor.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE. P.S.GOPINATHAN
MONDAY, THE 2ND DAY OF APRIL 2012/13TH CHAITHRA 1934
Crl.MC.No. 1028 of 2012 ()
CC.411/2010 of J.M.F.C.-II,PATHANAMTHITTA
PETITIONER(S)/1ST ACCUSED:
SAM ABRAHAM S/O.ABRAHAM, VALELKIZHAKKETHIL VEEDU KOIPURAM VILLAGE, PATHANAMTHITTA.
BY ADVS.SRI.P.HARIDAS
SRI.SIKKY RAVISHANKAR
SMT.LIJI KUTTAPPAN
RESPONDENTS/COMPLAINANTS:
BY PUBLIC PROSECUTOR SMT. SEENA RAMAKRISHNAN.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-04-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.S. GOPINATHAN, J. = = = = = = = = = = = Crl. M.C. 1028 OF 2012 = = = = = = = = = = = = =
DATED THIS, THE 2nd DAY OF APRIL, 2012.
O R D E R
In this petition under Section 482 of the Code of Criminal Procedure, petitioner, who is the first accused in C.C. 294 of 2007 on the file of the Judicial magistrate of the First Class-II, Pathanamthitta, which is now renumbered as C.C. 411 of 2010, for offence under Section 324 r/w Section 34 of the Indian Penal Code, seeks an order to recall the non bailable warrant issued against him.
Having heard, I find that the petitioner failed to appear before the trial court on the day on which the case was posted and therefore, the case against him was split up after declaring him absconding. Therefore, the court below was justified in issuing arrest warrant against the petitioner. Even then, there is nothing on record to come to a conclusion that the petitioner would not get a fair and just disposal of his application for recalling the arrest warrant at the hands of the magistrate. Therefore, this petition is a misconceived one. However, this petition is disposed of with direction to the petitioner to surrender before the trial court and apply for recalling the arrest warrant, which the learned magistrate shall dispose of on merits, preferably on the same day, provided due notice is given to the Assistant Public Prosecutor.
P.S. GOPINATHAN, (JUDGE)
knc/-
2 issues framed by the court
Whether High Court should allow recall of non-bailable warrant when petitioner failed to appear in trial court.
Whether petitioner would get fair disposal of arrest warrant recall application at trial court level.
1 provisions across 1 enactments
Sam Abraham
State of Kerala
P.S. Gopinathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
