Crl.M.C.No.3753/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
CRL.MC NO. 3753 OF 2022
AGAINST THE ORDER/JUDGMENT IN SC 625/2017 OF ADDITIONAL
DISTRICT COURT, TIRUR
PETITIONER/ACCUSED NO.19:
NAMSHEEK,
AGED 31 YEARS,
S/O.KUNHIMUHAMMED,
THEKKEYIL HOUSE, PUTHIYAKADAPPURAM,
MALAPPURAM DISTRICT, PIN - 676 307.
BY ADVS.
M.MUHAMMED SHAFI
T.RASINI
AYISHA AFRIN A.V.K.
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
ADV.C.S.HRITHIK-SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3753/22 2
ORDER
The petitioner is the 19th accused in Crime No.503 of 2016 of Tanur Police Station, which is now pending as S.C.No.625 of 2017 on the file of the Additional District and Sessions Court, Tirur. The aforesaid case was registered against the petitioner and other accused for the offences punishable under Sections 143, 147, 148, 324, 326, 307 read with Section 149 IPC.
2. The limited relief sought for by the petitioner in this Crl.M.C. is an opportunity to surrender before the Sessions Court and to submit an application for bail. He is also seeking a direction to consider the bail application on the date of surrender itself.
3. It is contended that, even though the petitioner has earlier appeared before the Sessions Court and was released on bail, later in connection with the employment he left India. Consequently, when the case was taken up on 11.03.2022, he could not appear before the learned Sessions Judge and accordingly, a non-bailable warrant was happened to be issued against him. This Crl.M.C., with the prayer mentioned above, is submitted in such circumstances. Considering the fact that the appearance of the Crl.M.C.No.3753/22 3 petitioner before the Sessions Court is absolutely necessary for expediting the trial, I am inclined to show some indulgence by granting an opportunity to the petitioner.
In such circumstances, this Crl.M.C. is disposed of directing the petitioner to surrender before the learned Sessions Judge, within a period of two weeks from today and submit an application for bail. In the event of such surrender and submission of the bail application, same shall be taken up and considered by the learned Sessions Judge positively on the date of surrender itself, provided the petitioner gives advance notice of the bail application to the Public Prosecutor concerned. To facilitate the petitioner to do so, 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/14.6.22 Crl.M.C.No.3753/22 4 APPENDIX OF CRL.MC 3753/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN CRIME NO. 503 OF 2016 OF TANUR POLICE STATION, MALAPPURAM Annexure2 TRUE COPY OF THE PROCEEDINGS DATED 26-10-
2021 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E-
COURTS WEBSITE Annexure A3 TRUE COPY OF THE PROCEEDINGS DATED 20-12-
2021 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E-
COURTS WEBSITE Annexure A4 TRUE COPY OF THE PROCEEDINGS DATED 19-02-
2022 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E-
COURTS WEBSITE Annexure A5 TRUE COPY OF THE PROCEEDINGS DATED 11-03-
2022 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E-
COURTS WEBSITE Annexure A6 TRUE COPY OF THE PROCEEDINGS DATED 19-04-
2022 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E- COURTS WEBSITE