The High Court in Ernakulam dismissed a Criminal Miscellaneous case where the accused sought a direction for the trial magistrate to consider a bail application and keep a non-bailable warrant in abeyance. The court held the petitioner cannot delay surrender.
No direction to recall warrant or compel bail consideration; petitioner advised to surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.M.BABU
FRIDAY, THE 04TH DAY OF OCTOBER 2019 / 12TH ASWINA, 1941
Crl.MC.No.6862 OF 2019(G)
ST 289/2017 OF JUDICIAL FIRST CLASS MAGISTRATE COURT - VII, THRISSUR
PETITIONER/ACCUSED
T.S.SWAMINATHAN S/O. SUBRAMANIAN, THERAYANGODU VEEDU, EZHAKKAD P.O., PALAKKAD
BY ADVS.
SRI.I.DINESH MENON SRI.L.RAJESH NARAYAN
RESPONDENT/RESPONDENT
STATE OF KERALA REPRESENTED BY STATION HOUSE OFFICER, PALAKKAD TWON POLICE STATION, THROUGH PUBLIC PROSECUTOR ,HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031
OTHER PRESENT:
SRI.C.N PRABHAKARAN SR. PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.10.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.6862/2019
2
ORDER
Crl.M.C.6862/2019
3
It is also requested to direct the magistrate to keep in abeyance the non-bailable warrant.
A.M.BABU
Judge
Crl.M.C.6862/2019
4
Mrcs/4.10.
APPENDIX
ANNEXURE-A1 TRUE COPY OF THE PROCEEDINGS AS REVEALED FROM THE WEB SITE
2 issues framed by the court
Whether the court can direct the magistrate to consider a bail application pending surrender despite an outstanding non-bailable warrant.
Whether the court can compel the magistrate to keep the non-bailable warrant in abeyance.
T.S.Swaminathan
State of Kerala
A.M.Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
