Firoz Khan vs State Of Kerala

Kerala High Court

Firoz Khan vs State Of Kerala on 21 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
        TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                        CRL.MC NO. 4235 OF 2024
        CRIME NO.199/2009 OF Panangad Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.37 OF 2017 OF JUDICIAL
FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER:

            FIROZ KHAN
            AGED 44 YEARS
            S/O. LATE SHAMSUDHEEN, KALARICKAPPARAMBIL HOUSE,
            NETTOOR P.O., MARADU VILLAGE, KANAYANUR TALUK,
            ERNAKULAM DISTRICT,, PIN - 682304
            BY ADVS.
            P.MOHAMED SABAH
            LIBIN STANLEY
            SAIPOOJA
            SADIK ISMAYIL
            R.GAYATHRI
            M.MAHIN HAMZA
            RAYEES P.
            ALWIN JOSEPH
            BENSON AMBROSE


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
            ERENAKULAM, PIN - 682031
    2       THE STATION HOUSE OFFICER
            PANANGAD POLICE STATION, ERNAKULAM DISTRICT, PIN -
            682506
OTHER PRESENT:

            SRI. RENJITH T.R(PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4235 OF 2024
                                  2

                 BECHU KURIAN THOMAS, J.
                 -----------------------------------------
                    Crl.M.C.No. 4235 of 2024
                  ----------------------------------------
              Dated this the 21st day of May, 2024


                               ORDER

Petitioner is the accused in Crime No. 199 of 2009 of Panangad Police Station, Ernakulam now pending as L.P.No.37/2017 on the files of the Judicial First Class Magistrate's Court-VIII, Ernakulam. Since a non-bailable warrant is pending against him. He seeks for a direction for consideration of this applications for recall of warrant and for bail on the date of summons itself.

2. Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor, I am of the view that this Crl.M.C. can be disposed of with a direction.

3. Though the petitioner contends that summons was not served, I am of the view that since he has expressed his willingness to appear before the Court and participate in the trial, the relief sought for in this Crl.M.C can be considered.

4. Accordingly, if the petitioner appears before the learned Magistrate within 15 days from today and apply for the grant of bail and recall of a warrant, the same shall be considered on the day of appearance itself.

CRL.MC NO. 4235 OF 2024 3

5. To enable the petitioner to appear as directed, the non- bailable warrant issued against him shall be kept in abeyance for a period of 15 days from today.

This Crl.M.C is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM/23/5/24 CRL.MC NO. 4235 OF 2024 4 APPENDIX OF CRL.MC 4235/2024 PETITIONER ANNEXURES Annexure 1 TRUE COPY OF THE JUDGMENT DATED 23.04.2024 IN CRL.M.C NO. 3820/2024 PASSED BY THIS HON'BLE COURT