IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
CRL.MC NO. 3140 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1519/2015 OF JMFC, KALAMASSERY
(TEMPORARY)
PETITIONER/S:
1 PUSHKARAN.M.C.
AGED 38 YEARS
S/O. CHOTHI,
MOOLEKKATTIL HOUSE, NAD P.O., ALUVA,
ERNAKULAM DISTRICT
, PIN - 683563
2 RAJEEVAN.P.T.
AGED 39 YEARS
S/O THANKAPPAN P.P., 676,
PUTHUVAMOOLA, THRIKKAKARA NORTH (PART)
ERNAKULAM, VADAKODE
, PIN - 682021
3 PURUSHOTHAMAN.T.C.
AGED 45 YEARS
S/O CHOTHI
MOOLEKKATTIL VEEDU, THANTHONIMUGAL
NAD P.O , ALUVA EAST, ALUVA,
ERNAKULAM DISTRICT
, PIN - 683563
BY ADVS.
DINESH MATHEW J.MURICKEN
K.A.ABHILASH
RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY THE STATION HOUSE OFFICER,
ELOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM
, PIN - 682031
BY ADV. VIPIN NARAYAN - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl. M.C. No. 3140 of 2022 -2-
JUDGMENT
Dated this the 31st day of May, 2022 The petitioners are the accused Nos. 1 to 3 in C. C. No. 1519 of 2015 of the Judicial First Class Magistrate Court, Kalamassery which arises from Crime No. 177 of 2015 of Eloor Police Station.
2. It is submitted by the learned counsel for the petitioners that the learned Magistrate has issued a non-bailable warrant against the petitioners and the same is pending execution.
3. It is further submitted that the petitioners are ready and willing to surrender before the court and face the trial, but their only apprehension is that in the event of surrender, they are likely to be remanded in jail. It is pointed out that the non-appearance of the petitioners before the learned Magistrate is not at all willful and it was due to the situation prevailing due to the Covid - 19 pandemic.
4. Considering the facts and circumstances of the case, I am of the view that the petitioners can be granted one opportunity to surrender before the Court, so as to enable the learned Magistrate to Crl. M.C. No. 3140 of 2022 -3- expedite the trial.
5. In such circumstances, this Crl. M. C. is disposed of directing the petitioners to surrender before the learned Magistrate within a period of two weeks from today and file an application for bail.
In the event of such surrender and submission of application, the same shall be considered by the learned Magistrate positively and appropriate orders thereon shall be issued on the date of surrender itself. To facilitate the petitioners to do so, the execution of non- bailable warrant pending against the petitioners are kept in abeyance for a period of three weeks from today or till the date of their surrender, whichever is earlier.
Sd/-
ZIYAD RAHMAN A. A.
JUDGE Eb ///TRUE COPY/// P. A. TO JUDGE Crl. M.C. No. 3140 of 2022 -4- APPENDIX OF CRL.MC 3140/2022 PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.1519/2015 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY ARISING OUT OF CRIME NO.177 OF 2015 OF ELOOR POLICE STATION DATED 03.06.2015 Annexure A2 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.178 OF 2015 OF ELOOR POLICE STATION DATED 16.03.2015