Second opportunity to be given when failure in appearance before court was due to an inadvertent omission

Kerala High Court

Kerala High Court: A Single Judge Bench of Sunil Thomas J., decided a criminal miscellaneous case allowing the petitioner to apply for recalling of warrant and grant of bail, giving him an opportunity to correct his inadvertent omission of non-appearance.

The petitioner was on bail and had to appear before the Magistrate on the notified date, but he failed to notice the same unintentional, thereby failed to make an appearance. Consequently, a non-bailable warrant was issued against him.

The Court after a perusal of the records remarked that, the consistent appearance of accused in the past, shows that his non-appearance was inadvertent, therefore givng him a second opportunity allowed the petitioner to appear before the Magistrate within 10 days and apply for grant of bail and recalling of the warrant, and further directed the Magistrate Court to issue appropriate orders. Accordingly, the case was allowed. [Jiji Varghese v. State of Kerala, CRL. MC. No.4186 of 2018, dated 29-06-2018]

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