Crl.M.C.No.3012/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
CRL.MC NO. 3012 OF 2022
CRIME NO.614/2015 OF Hill Palace Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT IN CC 2829/2015 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, TRIPUNITHURA
PETITIONER:
MIDHUN,
AGED 27 YEARS,
S/O.KUNJAPPAN,
PULLANADU HOUSE, HILL PALACE,
TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682 301.
BY ADV P.A.MUJEEB
RESPONDENT/COMPLAINANT:
STATE OF KERALA,
REPRESENTED THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, COCHIN, PIN - 682
031.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3012/22 2
ORDER
Petitioner is the accused in C.C.No.2829 of 2015 on the file of the Judicial First Class Magistrate Court-I, Tripunithura. Aforesaid case is registered against the petitioner for the offences punishable under Sections 448, 452, 294(b), 506(ii) read with Section 34 IPC. In connection with aforesaid crime, the petitioner was arrested and later released on bail.
2. Subsequently, he was arrested in connection with another case numbered as Crime No.600 of 2021 of Aloor Police Station and he was under judicial detention. In the meanwhile cognizance was taken in the earlier crime and he could not appear before the learned Magistrate, which resulted in issuance of a non- bailable warrant against the petitioner. Prayer sought for by the petitioner in this Crl.M.C. is for a direction to the learned Magistrate to release the petitioner on bail in the event of surrender.
3. Considering the facts and circumstances of the case and also the reasons stated by the petitioner for his non appearance, I am of the view that an opportunity can be granted to the petitioner Crl.M.C.No.3012/22 3 to surrender before the learned Magistrate. Such an opportunity is also absolutely necessary for ensuring that the trial of the case is conducted expeditiously.
4. In such circumstances, this Crl.M.C. is disposed of directing the petitioner to surrender before the trial court within a period of two weeks from today and submit application for bail. In the event of such surrender and submission of application for bail, the same shall be taken up positively by the trial court on the date of surrender itself, provided a notice in this regard is given to the Public Prosecutor concerned in advance.
This Crl.M.C. is disposed of as above.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE DG/20.5.22 Crl.M.C.No.3012/22 4 APPENDIX OF CRL.MC 3012/2022 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE ORDER DATED 07/01/2022 OF IST ADDITIONAL SESSIONS COURT AT THRISSUR