Rafeeq vs The Sub Inspector of Police and State of Kerala

Thomas P. Joseph, J.—Petitioner is accused in Crime No. 332 of 2001 of Thrissur Traffic Police Station and L.P.C. No. 235 of 2004 of the court of learned Judicial First Class Magistrate-II, Thrissur for offences punishable under Sections 279, 337 and 304 of the Indian Penal Code for allegedly causing death/hurt by rash and negligent driving of a lorry. Learned Magistrate granted bail to the Petitioner. Thereafter he did not appear. Hence coercive steps were taken against him. Inspite of that, his presence could not be procured. The case against Petitioner was transferred to Long Pending Register and filed as L.P.C. No. 235 of 2004. Petitioner states that he was working as a driver at Bombay and hence, could not come to Kerala. Petitioner seeks a direction to the learned Magistrate to release him on bail on surrender in court. I have heard learned Counsel for Petitioner and the learned Public Prosecutor.

Release of Petitioner on bail is a matter which learned Magistrate has to be decided on his surrender. Having regard to the circumstances stated, I am inclined to grant some relief to the Petitioner.

Resultantly this Criminal Miscellaneous Case is disposed of granting three weeks time to the Petitioner from this day to appear before learned Judicial First Class Magistrate-II, Thrissur in L.P.C. No. 235 of 2004 and seek regular bail. If Petitioner moves application for regular bail learned Magistrate shall dispose of that application as early as possible. The warrant of arrest if any issued against Petitioner will stand in abeyance during the said period of three weeks or till Petitioner appears before learned Magistrate, whichever is earlier.