IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
CRL.MC NO. 4076 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1614/2015 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -I, ALUVA
PETITIONER:
MOHAMMED KABEER
AGED 40 YEARS
S/O SIDHEEQUE,
MANAKKAL AKATHOOT HOUSE,
EDAYAPURAM KARA,
NEAR MILLUPADI JUNCTION,
ALUVA EAST VILLAGE,
ERNAKULAM DISTRICT, PIN - 683101
BY ADV R.MURALEEKRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, KOCHI- 682031
2 MAJEED
S/O. BAVA, THOPPUKADAVIL HOUSE,
EDAYAPURAM, ALUVA,
ERNAKULAM - 683101
ADV M P PRASHANT- SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 24.06.2022, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
CRL.MC No.4076 OF 2022
2
ZIYAD RAHMAN A.A., J.
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CRL.MC. No.4076 OF 2022
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Dated this the 24th day of June, 2022
ORDER
The petitioner is the 1st accused in C.C.No.1614/2015 on the file of Judicial First Class Magistrate Court-I, Aluva which is filed by the 2nd respondent. The offences alleged against the petitioner are under Sections 323, 324 r/w Section 34 I.P.C. The grievance of the petitioner is that, there is a non-bailable warrant pending against the petitioner. It is pointed out that, as the petitioner was working abroad, he could not appear before the learned Magistrate and seek bail. The petitioner submits that he is prepared to surrender before the learned Magistrate and he prays for a direction to the learned Magistrate to consider the bail application on the date of surrender itself.
2. Considering the facts and circumstances of the case and also taken into account of the fact that the calendar case is of the year 2015, some indulgence can be shown.
Accordingly, this Crl.MC is disposed of directing the petitioner to surrender before Judicial First Class Magistrate-I, Aluva within a period of two weeks from today and submit an application for bail. CRL.MC No.4076 OF 2022 3 Upon such surrender and submission of application for bail, the learned Magistrate shall take up the application and pass appropriate orders thereon positively on the date of surrender itself. To enable the petitioner to do so, execution of the warrant shall be kept in abeyance for a period of two weeks or till the date of surrender, whichever is earlier.
H/o.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE nk CRL.MC No.4076 OF 2022 4 APPENDIX OF CRL.MC 4076/2022 PETITIONER ANNEXURES Annexure1 TRUE COPY OF THE ORDER OF DISMISSAL IN CRL M.C NO. 1118/2012 OF SESSIONS COURT, ERNAKULAM.
Annexure2 TRUE COPY OF THE PROTEST COMPLAINT IN C.C.NO.1614/2015 OF JFCM-I COURT, ALUVA.