Eldose George vs State Of Kerala

A. Badharudeen, J

This Criminal Miscellaneous Case has been filed under 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’ hereinafter), by the petitioner, who is the 1st accused in Crime No.1341/2021 of Koothattukulam police station, Ernakulam, now pending as C.C.No.605/2022 on the files of the Judicial First Class Magistrate Court- III, Muvattupuzha, seeking the following relief:

“To direct the Judicial First Class Magistrate Court-III, Muvattupuzha, to keep in abeyance the execution Non-Bailable Warrant as against the Petitioner issued by the learned Magistrate in CC No.605 of 2022 before the Judicial First Class Magistrate Court-III, Muvattupuzha for a period of two weeks and to further permit the petitioner to surrender before the Trial Court within a time limit as prescribed by this Hon’ble Court and to issue a direction to the Trial Court to consider the bail applications of the petitioner on the same day of his surrender, in the interest of justice.”

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

In this matter, the prosecution alleges commission of offences punishable under Sections 498A, 323 and 506(i) r/w Section 34 of the Indian Penal Code, by the accused. The prosecution case in nutshell is that, the marriage between the petitioner herein and the de facto complainant was solemnized on 31.5.2020. In the month of November, 2020, the petitioner along with other accused demanded gold and money from the de facto complainant and that they caused hurt upon her and her father. The further allegation against the accused is that, the accused persons coerced the de facto complainant to undergo abortion.

It is submitted by the learned counsel for the petitioner that the petitioner went to Sweden, in search of job and he did not receive summons in this case. Now, he is ready to surrender before the court and he apprehends arrest in the meanwhile. Therefore, he pressed for a direction to the learned Magistrate to consider his bail application on the date of surrender and also grant protection till the date of his surrender.

In this matter, it appears that, since the petitioner’s presence could not be secured for trial, the learned Magistrate initiated proceedings under Sections 82 and 83 of the Code of Criminal Procedure and the offences are the outcome of matrimonial dispute in between the petitioner and the de facto complainant. In view of the matter, this petition can be disposed of.

In the result, this Criminal Miscellaneous Case is disposed of as under:

The petitioner is directed to surrender before the jurisdictional Magistrate, within a period of ten days from today. The learned Magistrate is directed to consider the bail application, if any, filed by the petitioner, on the date of his surrender itself, taking note of the fact that the offences arose out of matrimonial dispute and pass appropriate orders.

In order to facilitate the said surrender of the petitioner, there shall be a stay in executing the warrant, if any, pending against the petitioner herein, for a period of ten days.

Registry is directed to forward a copy of this order to the jurisdictional Magistrate Court, for information and compliance.