IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 5087 of 2010()
1. K.V.ISMAIL
... Petitioner
Vs
1. UNION OF INDIA & ANOTHER
... Respondent
For Petitioner :SRI.BABU S. NAIR
For Respondent : No Appearance
The Hon'ble MR. Justice P.BHAVADASAN
Dated :28/12/2010
O R D E R
P.BHAVADASAN, J.
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Crl.M.C.Nos. 5087 & 5088 OF 2010
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Dated this the 28th day of December, 2010
O R D E R
Since both these petitions are filed seeking the same relief,
they are disposed of by a common order.
2. The petitioner is an accused in C.C. Nos.30/1997 &
120/1991 on the file of the Additional Chief Judicial Magistrate
(Economic Offences), Ernakulam. In both these cases, the
petitioner alleged to have committed offence punishable under
Section 135(1) of the Customs Act.
3. It is stated that after the complaint was filed, a
Preventive Detention Order was issued against the petitioner on
26/11/1992. Hence, the petitioner could not come down to
attend the case. Later, Government of India had revoked the
order of preventive detention against the petitioner by order
dated 28/7/2010. Unfortunately, the case against the
petitioner was split up. Now the petitioner wants to appear
before the court and face the trial. According to the petitioner,
non appearance on the part of the petitioner was not at all willful
Crl.M.C,NO. 5087 & 5088/2010 -2-
and was due to reasons beyond his control. As a result of his
absence, a non bailable warrant was issued against him and it is
pending execution.
4. The petitioner filed an application for anticipatory bail
before this Court and this Court issued a direction to surrender
before the court below within a period of one month. However,
the petitioner could not surrender because in the meanwhile he
was hospitalised, so submits the petitioner.
5. The petitioner now wants to participate in the trial of
the case. Therefore, the petitioner prays for a direction to the
A.C.J.M(E.O), Ernakulam to recall the non bailable warrant
pending against him and he may not be remanded to custody on
his surrender before that Court. The prayer cannot be
entertained. The reasons given for recalling the warrant are not
convincing enough.
There will be a direction to the Additional Chief Judicial
Magistrate(Economic Offences), Ernakulam, that in case the
petitioner surrenders before the said Court and moves an
application for bail, the same shall be considered on the same
day itself , as far as possible, after issuing notice to the Pubic
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Prosecutor concerned. It is also observed that the application
may be considered liberally.
P.BHAVADASAN,
JUDGE.
dpk