Kerala High Court
Mathew Varghese vs State Of Kerala on 7 April, 2021
Crl.MC.2024/21 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.2024 OF 2021(C)
AGAINST THE ORDER/JUDGMENT IN CC 835/2008 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, ALUVA
CRIME NO.387/2006 OF EDAPPALLY CITY TRAFFIC POLICE STATION ,
Ernakulam
PETITIONER/S:
MATHEW VARGHESE
AGED 42 YEARS
S/O. OUSEPH VARGHESE, MUTTATHIL HOUSE, NEAR A.J
HOSPITAL, THURUTHY POST, CHANGANACHERRRY 686 535
NOW WORKING AS DRIVER, ARUNACHAL PRADESH STATE
TRANSPORT (APST), ITA NAGAR, GANGA, PAPUM PARE
DISTRICT, ARUNACHAL PRADESH 791 111
BY ADV. SHRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)
RESPONDENT/S:
STATE OF KERALA
THROUGH THE STATION HOUSE OFFICER, CITY TRAFFIC
POLICE STATION, EDAPPALLY, KOCHI CITY, REPRESENTED
BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN 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.2024/21 2
V.G.ARUN, J.
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CRL.M.C.No. 2024 of 2021
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Dated this the 7th day of April, 2021
ORDER
Petitioner is the accused in Crime No.387 of 2006 of the City
Traffic Police Station, Edappally, registered for offences under Sections
279 and 304A of IPC, now pending as L.P.No.27 of 2011 on the files of
the Judicial First Class Magistrate Court-II, Aluva. The averment is to
the effect that, immediately after registration of the crime, the
petitioner got appointment at Arunachal Pradesh and had to leave the
State. Consequently, summons from the trial court was not served on
him and the petitioner being absent, the court issued non-bailable
warrant and initiated Sections 82 and 83 steps. Later, the case was
included in the Long Pending Register. The limited relief sought in the
Crl.M.C is to permit the petitioner to surrender before the trial court
and move an application for bail and to direct the Magistrate to
consider the bail application on the date of surrender itself.
2. The crime being of the year 2006, even accepting the
explanation of the petitioner that he was not aware about the
proceedings as he was employed at Arunachal Pradesh, the relief
sought can be granted only on terms.
In the result, the Crl.M.C is allowed. The petitioner is permitted to
surrender before the trial court and to move an application for bail. In
such event, the learned Magistrate shall consider the bail application
on the petitioner's surrender and pass orders thereon on the same day.
In order to provide an opportunity for the petitioner to surrender and
seek bail, the non-bailable warrant pending against him shall be kept
in abeyance for two weeks. The above mentioned directions are
subject to the petitioner remitting an amount of Rs.5,000/- as fine in
the account of Balanidhi Juvenile Justice Fund constituted by the
Government as per Section 105 of the Juvenile Justice (Care and
Protection of Children) Act, 2015 and producing receipt evidencing
such payment along with the bail application.
Sd/-
V.G.ARUN, JUDGE
vgs
