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Judgment
ORDER
The petitioner is the 1st accused in S.C. No.10/2023 on the file of the Additional Sessions Court-II, Thodupuzha (Trial Court), which has originated from Crime No.337/2022 registered by the Vandanmedu Police Station, Idukki, alleging the commission of the offences punishable under Sections 22(c), 20(b)(ii)A, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
It is the petitioner’s case that he was enlarged on bail at the crime stage. On receipt of summons, the petitioner appeared before the Trial Court and continued to be on bail. The petitioner was regularly appearing before the Trial Court. However, when the case was posted for the examination of CW1, the petitioner could not appear before the Trial Court due to the circumstances beyond his control. Immediately, the Trial Court forfeited the bail bond of the petitioner , split up the case against him, and proceeded the trial as against the other accused persons. The petitioner is ready and willing to surrender before the Trial Court and get himself enlarged on bail. However, the petitioner is apprehensive that his application may not be considered on the date of surrender and he may be remanded to judicial custody. Hence, this petition.
I have heard the learned counsel for the petitioner and the learned Public Prosecutor
On a consideration of the facts and materials on record, without expressing anything on the merits of the matter, I dispose of the Crl.M.C, by permitting the petitioner to surrender before the Trial Court within ten days from today and file applications before the Trial Court to get himself enlarged on bail and to recall non-bailable warrant, after serving advance copies of the applications on the Public Prosecutor. If such applications are filed within the prescribed time period, the Trial Court is directed to consider and dispose of the applications in accordance with law, preferably on the same day the petitioner surrenders before the Trial Court. It is made clear that this Court has not gone into the merits of the proposed applications.