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. 3101 OF 2022
[CRIME NO.715/2015 OF Nadakkavu Police Station, Kozhikode
LP 256/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -IV,
KOZHIKODE]
PETITIONER/1ST ACCUSED:
VIPUL SANKAR
AGED 41 YEARS
S/O.VENUGOPAL, AGED 41 YEARS,
RESIDING AT PINNANATH HOUSE,
THAMPI ROAD,BEYPORE,KOZHIKODE
PIN - 673015
BY ADV.
A.CHANDRA BABU
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
SRI.C.S.HRITHWIK, SR.PP
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.3101 of 2022 2
ZIYAD RAHMAN A.A, J.
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Crl.M.C.No.3101 of 2022
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Dated this the 20th day of May, 2022
O R D E R
The petitioner has approached this Court seeking for a direction to the Judicial First Class Magistrate Court-IV, Kozhikode to consider the bail application to be filed by the petitioner positively in L.P.No.256/2019 in C.C.No.214/2019 on the file of that court.
2. The petitioner is the 1st accused in Crime No.715/2015 of Nadakkavu Police Station which is now pending as L.P.No.256/2019. It is highlighted in the Crl.M.C. that the petitioner had in fact participated in the trial and all the witnesses were examined in his presence. However, when the case was posted for his examination under Section 313 Cr.PC, he could not appear before the court and consequently a non-bailable warrant was happened to be issued against him. The case against the CRL.M.C.No.3101 of 2022 3 petitioner was split up and the other accused was acquitted by the trial court. Now the limited prayer sought for by the petitioner is for an opportunity to surrender before the court below and to seek bail.
Considering the fact that, the petitioner had participated in the trial until the prosecution evidence is closed, I think, some indulgence can be shown in favour of the petitioner. In such circumstances, Crl.M.C. is disposed of directing the petitioner to surrender before the Judicial First Class Magistrate Court-IV, Kozhikode within a period of four weeks from today and submit an application for bail. Upon such surrender and submission of application for bail, the same shall be positively considered by the learned Magistrate on the date of his surrender itself. In order to facilitate the petitioner to do so, the execution of warrant issued against the petitioner shall be kept in abeyance for a period of six weeks from today.
Sd/-
pkk ZIYAD RAHMAN A.A., JUDGE CRL.M.C.No.3101 of 2022 4 APPENDIX OF CRL.MC 3101/2022 PETITIONER'S ANNEXURE:
Annexure A TRUE COPY OF THE JUDGMENT DATED 6.07.2019 IN C.C 1056/2015 PASSED BY THE JFMC-IV, KOZHIKODE.