2025:KER:29671 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 CRL.MC NO. 2993 OF 2025 CRIME NO.265/2019 OF Kalpetta Police Station, Wayanad IN LP NO.144 OF 2023 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, KALPETTA PETITIONER/ACCUSED: SIYAD AGED 40 YEARS S/O MAHMOOD, RESIDING AT THUNDIPURAM HOUSE, MESS HOUSE ROAD, KALPETTA, WAYANAD DISTRICT, PIN - 673121 BY ADVS. YOOSUF SAFWAN T. AJMAL SADIK ISMAYIL RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 THE STATION HOUSE OFFICER KALPETTA POLICE STATION, VIVEKANANDA NAGAR, MUTTIL, KALPETTA NORTH P.O WAYANAD DISTRICT, KERALA, PIN - 673122 SRI. M.C. ASHI, PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:29671 Crl.M.C.No.2993 of 2025 2 ORDER Dated this the 3rd day of April, 2025 Petitioner is the sole accused in Crime No.265 of 2019 registered at the Kalpetta Police Station for the offence punishable under Section 420 of IPC, now pending as L.P No.144 of 2023 on the files of the Chief Judicial Magistrate Court, Kalpetta. The petitioner had appeared before the trial court and was granted bail. Thereafter, he left the country for the purpose of taking up employment abroad. As a result, petitioner failed to appear before the trial court and coercive proceedings were initiated against him. The petitioner is now desirous of surrendering before the 2025:KER:29671 Crl.M.C.No.2993 of 2025 3 trial court, but is apprehensive that his bail application will not be considered on the date of surrender. 2. Learned Counsel for the petitioner submits that the failure of his client to appear in court was not willful and was by reason of his inability to secure leave. It is submitted that the petitioner has now obtained leave and is planning to come down and appear before the trial court. The petitioner has an apprehension that in view of the non-bailable warrant and a possible look out circular, he may be apprehended en route. It is hence submitted that for a limited time at least, execution of the warrant and the look out circular may be kept in abeyance. 3. I heard the learned Public Prosecutor also. 4. Considering the willingness expressed and the limited relief sought, the Crl.M.C is disposed of as under: 2025:KER:29671 Crl.M.C.No.2993 of 2025 4 i) The petitioner shall surrender and move application for bail before the jurisdictional court within two weeks. ii) If petitioner surrenders within the time granted, learned Magistrate shall pass orders on the application for bail on the day of surrender itself. iii) Till such time execution of the non-bailable warrant and look out circular if any, provided the LOC is issued with respect to the subject case, shall be kept in abeyance for two weeks. Sd/- V.G.ARUN JUDGE SSK/03/04 2025:KER:29671 Crl.M.C.No.2993 of 2025 5 APPENDIX OF CRL.MC 2993/2025 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE ORDER DATED 26.07.2023 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT; KALPETTA Annexure 2 TRUE COPY OF THE JUDGMENT DATED 23.04.2024 IN CRL.M.C NO. 3820/2024 PASSED BY THIS HON’BLE COURT Annexure 3 THE TRUE COPY OF THE FLIGHT TICKET RESERVATION BOOKED AGAINST THE PETITIONER RESPONDENTS EXHIBITS : NIL TRUE COPY P.A. TO JUDGE