Research › Search › Judgment

Kerala High Court · body

2017 DIGILAW 1235 (KER)

Abdul Salam, S/o. Ummer v. State Of Kerala, Represented By the Public Prosecutor

2017-09-22

P.UBAID

body2017
ORDER : 1. The petitioners herein are the original accused Nos. 1 and 3 in Crime No. 166 of 2007 of the Guruvayoor Police Station. The offences alleged against them are under Sections 498(A) and 406 read with Section 34 of the Indian Penal Code. It is submitted that investigation was completed by the Police, and the final report was filed in court in 2007 itself. The other accused faced the trial before the court below in C.C. No. 648 of 2017 and obtained a judgment of acquittal. When these petitioners remained consistently absent, their case was split up and refilled. It is now pending as C.C. No. 1441 of 2015. il appears that there is warrant of arrest from the court below against these petitioners. On the apprehension of arrest in execution of the warrant, they seek pre-arrest bail. 2. When the trial court has issued warrant of arrest for proper reasons, the petitioners will have to surrender before the learned Magistrate, and seek regular bail. It is submitted that they were already on bail, but they happened to be absent in certain unavoidable circumstances. They can very well explain their absence in court. I do not think that the learned Magistrate will mechanically remand the petitioners to judicial custody. The other accused already stand acquitted. Hence, giving liberty to the petitioners to approach the trial court, and seek regular bail, this application is disposed of.