Saleem Kodathur vs State Of Kerala
2021 Latest Caselaw 11062 Ker

  Crl.MC.2028/21                   1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

  WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       Crl.MC.No.2028 OF 2021(C)

AGAINST THE ORDER/JUDGMENT IN CC 390/2019 OF JUDICIAL MAGISTRATE
                  OF FIRST CLASS -IV,KOZHIKODE

     CRIME NO.176/2011 OF Kasaba Police Station , Kozhikode


PETITIONERS/S:

      1         SALEEM KODATHUR
                AGED 38 YEARS
                S/O.EANU, NAMPRANATHIL HOUSE, PERUMPADAPPU KARA,
                PUTHENPALLI, PONNANI, MALAPPURAM 679 580

      2         SMITHA
                AGED 35 YEARS
                W/O.SAMUEL, CHERUVATHUR HOUSE, CHIRALAYAM,
                KUNNAMKULAM, THRISSUR 680 503

                BY ADVS.
                SHRI.RASHEEK AHAMED B.A.
                SRI.C.C.ANOOP

RESPONDENT/S:

      1         STATE OF KERALA
                TROUGH THE SUB INSPECTOR OF POLICE, KASABA POLICE
                STATION, KOZHIKODE
                REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
                ERNAKULAM 682 031




OTHER PRESENT:

                PP M.R.DHANIL

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
    Crl.MC.2028/21                         2



                                   V.G.ARUN, J.
                    -----------------------------------------------
                          CRL.M.C.No. 2028 of 2021
                    -----------------------------------------------
                    Dated this the 7th day of April, 2021

                                     ORDER

Petitioners are accused Nos.3 and 4 in C.C.No.390 of 2019 on the

files of the Judicial First Class Magistrate Court-IV, Kozhikode. The case

originated from Crime No.176 of 2011, registered at the Kozhikode

Kasaba Police Station for offences punishable under Sections 463, 464,

468, 471 read with 34 of IPC. It is admitted that the petitioners failed

to appear before the trial court and non-bailable warrant has been

issued against them. Due to the persistent absence of the petitioner,

proceedings under Sections 82 and 83 have also been initiated.

Learned counsel for the petitioners submits that the absence of the

petitioners is not willful, but due to reasons beyond their control and

that the petitioners are ready and willing to surrender before the trial

court, but apprehend that the court may not consider their bail

applications on the same day. Hence the petitioners pray that their bail

applications may be considered on the date of surrender itself.

2. Taking into account the nature of the offences alleged, I am

inclined to grant the limited relief sought.

In the result, the Crl.M.C is disposed of permitting the petitioner

to surrender before the Judicial First Class Magistrate Court-IV,

Kozhikode in C.C.No.390 of 2019 and to move an application for bail

with notice to the Public Prosecutor. In such event, the learned

Magistrate shall consider the bail application on the date of surrender

and pass orders thereon on the same day.

Sd/-

V.G.ARUN, JUDGE

vgs

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE A DIARY PROCEEDINGS DATED 31.1.2020 OBTAINED FROM SERVICES.ECOURTS.GOV.IN.