Crl.M.C.No.3488/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
CRL.MC NO. 3488 OF 2022
CRIME NO.164/2015 OF Kunnathunadu Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN LP 50/2017 OF JUDICIAL
MAGISTRATE OF FIRST CLASS ,KOLENCHERRY
PETITIONER/ACCUSED:
HAMZA P.S.,
AGED 46 YEARS,
S/O.MUSTHAFA P.K, AGE 46, PADINJAREKUDI,
VALAYANCHIRANGARA P.O, KUNNATHUNADU,
ERNAKULAM DISTRICT, PIN - 683 556.
BY ADVS.
K.S.ARUN KUMAR
VIJAY SANKAR V.H.
AMRUTHA K P
AMRUTHA P S
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 03.06.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.3488/22 2
ORDER
The petitioner, who is the accused in Crime No.164 of 2015 of Kunnathunadu Police Station, Ernakulam which is now pending as L.P.No.50 of 2017 before the Judicial First Class Magistrate Court, Kolanchery, has approached this Court with this Crl.M.C praying for an order directing the learned Magistrate to consider and dispose of the bail application to be submitted on the date of surrender itself.
2. The petitioner is implicated as accused in the aforesaid crime for the offences punishable under Sections 465, 471 and 420 IPC and also under the Provisions of Section 148, read with 177, Section 56 read with 192, Section 146 read with 116 of Motor Vehicles Act. Even though the petitioner appeared before the learned Magistrate and released on bail, later as he was working abroad, he could not appear and it resulted in issuance of non bailable warrant against the petitioner.
3. In this Crl.M.C the petitioner expressed his willingness to surrender before the court and to seek bail. Considering the facts and circumstances of the case, I am Crl.M.C.No.3488/22 3 inclined to show some indulgence. This is particularly because, the crime is of the year 2015 and in order to expedite the trial, it is only appropriate that the petitioner be granted an opportunity to participate in the trial.
4. In such circumstances, petitioner is directed to surrender before the learned Magistrate within a period of two weeks form today and to submit an application for bail. Upon such surrender and submission of application, same shall be considered by the learned Magistrate, positively on the date of surrender itself provided the petitioner gives prior notice of the application to the learned Public Prosecutor concerned. In order to facilitate the petitioner to do so, the execution of non- bailable warrant shall be kept in abeyance for a period of two weeks or till the date of surrender whichever is earlier.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/4.6.22