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Judgment
V.G Arun, J
The appellant is the 4th accused in Crime No.454 of 2022 registered at the Kuttipuram Police Station, alleging commission of the offences punishable under Sections 452, 341, 323 and 506 of the I.P.C. and Sections 3(1)(s) and 3(2)(va) of the SC/ST (POA) Act. The appellant had approached the Special Court seeking anticipatory bail and on rejection of that application, has approached this Court.
Learned Counsel for the appellant informs that, pending the appeal, an absconding charge (Final report) was filed before the Special Court. It is submitted that the appellant was available in his locality and the Police unnecessarily filed the absconding charge.
Heard, learned Public Prosecutor also.
As the final report has been filed before the jurisdictional court, the appellant’s remedy is to appear before that court and seek bail. The Criminal Appeal is hence disposed of as under;
(i) The appellant is permitted to surrender before the Special Court for SC/ST (POA) Act & NDPS Act Cases, Manjeri within two weeks and move an application for bail with advanced notice to the Public Prosecutor. Thereupon, the information regarding the bail application shall be passed on to the defacto complainant through the investigating officer.
(ii) If the appellant surrenders within the time granted, the application for bail, if any filed, shall be considered and appropriate orders passed on the date of surrender itself. The coercive steps, if any pending against the appellant, shall be kept in abeyance for two weeks.