IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
CRL.MC NO. 5889 OF 2022
AGAINST THE ORDER/JUDGMENTLPR 82/2015 OF JUDICIAL
MAGISTRATE OF FIRST CLASS II KODUNGALLUR
LPR 82/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS II
KODUNGALLUR
PETITIONER/S:
VISHNU VAZHOOR LALL
AGED 32 YEARS
S/O LALL.V.R, VAZHOOR HOUSE
P.VEMBALLUR P.O, KODUNGALLUR,
THRISSUR DISTRICT,
, PIN - 680671
BY ADVS.
MAYA M.
V.M.KRISHNAKUMAR
RESPONDENT/S:
1 1. STATE OF KERALA REPRESENTED BY PUBLIC
PROSECUTOR
HIGH COURT OF KERALA.
ERNAKULAM.
, PIN - 682031
2 THE STATION HOME OFFICER
POLICE STATION, MATHILAKAM P.O.
THRISSUR DISTRICT.
, PIN - 680685
ADV SREEJA V -PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26.08.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. No.5889/2022
:2 :
JUDGMENT
Dated this the 26th day of August, 2022 The petitioner is the accused for offences punishable under Sections 279 and 304A of the Indian Penal Code and the prosecution against him is now pending as C.C. No.2134/2013 before the Judicial First Class Magistrate's Court, Kodungallur. The aforesaid crime was registered in respect of an accident occurred on 05.01.2013, in which the motor cycle driven by the petitioner hit a woman, and she died due to the injuries sustained. As the petitioner was working in Bahrain, he could not appear before the court and accordingly, the same was included in the Long Pending Register as L.P. R. No.82/2015.
2. In the mean time, the validity of the passport of the petitioner expired and he approached this Court by filing Crl.M.C. No.6572/2021, seeking permission for renewal of the passport. The aforesaid Crl.M.C. was disposed of as per Annexure II order wherein, a direction was issued by this Court, to the Attache (Consular), Embassy of India, to issue emergency travel Crl.M.C. No.5889/2022 :3 : documents to the petitioner so as to enable him to reach India and to concede to the jurisdiction of the criminal court wherein the criminal case is pending.
3. On the basis of the aforesaid order, the petitioner was issued with the emergency travel documents and he intends to come back to India on the strength of the same. Now this Crl.M.C. is filed on the apprehension that, upon reaching India he is likely to be arrested and detained in custody, as the non bailable warrant issued in the said case is pending against him. The petitioner expresses his willingness to surrender before the court immediately upon reaching his native place and he seeks for consideration of the bail application to be submitted by the court concerned on the date of surrender itself, by the learned Magistrate.
4. Heard Sri. V.M. Krishnakumar, the learned counsel appearing for the petitioner and Smt. Sreeja V., the learned Senior Public Prosecutor for the State.
5. Considering the fact that, the petitioner has expressed his intention to surrender before the court, so as to continue the trial of the same, I am of the view that an opportunity can be Crl.M.C. No.5889/2022 :4 : granted to the petitioner. This Court has already shown indulgence in the case of the petitioner by issuing necessary directions to the authorities concerned to issue emergency travel documents to facilitate him to appear before the Court.
In such circumstances, this Crl.M.C. is disposed of. The petitioner is directed to surrender before the Judicial First Class Magistrate's Court, Kodungallur on or before 15.09.2022 and file necessary application for bail. In the event of such surrender and submission of application, the same shall be considered by the learned Magistrate positively on the date of surrender itself provided the petitioner gives prior notice to the Public Prosecutor concerned. To facilitate the petitioner to do so, the execution of non bailable warrant shall be kept in abeyance until 15.09.2022 or till the date of surrender, whichever is earlier.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE ncd Crl.M.C. No.5889/2022 :5 : APPENDIX OF CRL.MC 5889/2022 PETITIONER ANNEXURES Annexure I TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER Annexure II TRUE COPY OF THE ORDER IN CRL.M.C.NO.6572/2021 DATED 22.12.2021