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Judgment
K.V.Jayakumar, J
The petitioner herein is the accused in C.C No.345/2013 in Crime No.1240/2012 of the Central Police Station, Ernakulam, on the files of the Chief Judicial Magistrate Court, Ernakulam. The offences alleged against the petitioner are punishable under Sections 403 and 420 of the Indian Penal Code.
The learned counsel for the petitioner submits that a non-bailable warrant is pending against the petitioner/accused. The learned Magistrate has also proceeded under Sections 82 and 83 of the erstwhile Code of Criminal Procedure.
Heard learned counsel for the petitioner and the Public Prosecutor.
The grievance projected by the petitioner is that, if he surrenders before the learned Magistrate, there is every likelihood that the petitioner would be remanded to judicial custody.
Upon hearing the submissions of the learned counsel for the petitioner Adv.P.A Mujeeb, and the learned Public Prosecutor Adv. Maya M.N, I am of the view that the petition can be disposed of with the following directions:
i. The petitioner shall surrender before the concerned Magistrate within a period of two weeks from today.
ii. On such surrender, if the petitioner move an application for bail, the learned Magistrate shall dispose of the application on that day itself, on merits and shall pass appropriate orders.