Vaisakhan vs State Of Kerala
2021 Latest Caselaw 11682 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

              THE HONOURABLE MR.JUSTICE V.G.ARUN

 FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                   Crl.MC.No.2167 OF 2021(A)

     CC 223/1989 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,
                        KODUNGALLUR

 CRIME NO.141/1989 OF Mathilakom Police Station , Thrissur


PETITIONER/S:

             VAISAKHAN
             AGED 65 YEARS
             S/O. VASU, PUTHOOR HOUSE, KALAMURY,
             KAIPAMANGALAM, THRISSUR DISTRICT.

             BY ADV. SRI.V.M.KRISHNAKUMAR

RESPONDENT/S:

       1     STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, PIN - 682 031.

       2     THE STATION HOUSE OFFICER
             POLICE STATION, MATHILAKAM, THRISSUR DISTRICT,
             PIN -680 685.


OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

ON   09.04.2021,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE

FOLLOWING:
 Crl.MC.No.2167 OF 2021(A)
                                     2



                                 ORDER

Dated this the 09th day of April, 2021

The petitioner is the 6th accused in Crime

No.141 of 1989 registered at the Kodungallur

Police Station for offences under Sections 143,

147, 148, 341, 323, 324, 326 r/w 149 of IPC,

originally numbered as C.C.No.223 of 1989 on the

files of the Judicial First class Magistrate

Court, Kodungallur. All accused in the case,

except the petitioner, faced trial and were

convicted. The case against the petitioner, who

was employed abroad and hence, could not

participate in the trial, was split up and re-

numbered as L.P.C No.29 of 1996. The convicted

accused approached the Sessions Court in appeal,

but without success and thereafter, filed revision

petition before this Court. As per Annexure I Crl.MC.No.2167 OF 2021(A)

order, the revision was allowed, the conviction

and sentence set aside and the revision

petitioners acquitted.

2. Learned Counsel for the petitioner submits

that the petitioner is desirous of returning to

India and surrendering before the trial court, but

is apprehensive that the court may not consider

his bail application on the date of surrender.

Hence, this Crl.M.C seeking a direction to the

learned Magistrate to consider bail application on

the date of surrender itself.

3. In the nature of the offences alleged and

in the other accused having been acquitted vide

Annexure I order, 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, Kodungallur Crl.MC.No.2167 OF 2021(A)

in C.C.No.223 of 1989 and to move an application

for bail, with advance notice to the Public

Prosecutor. In such event, the learned Magistrate

shall consider the application for bail on the

date of surrender and pass appropriate 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 three

weeks.

Sd/-

V.G.ARUN JUDGE Scl/09.04.2021 Crl.MC.No.2167 OF 2021(A)

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN CRL. REV. PET. NO.724 OF 1997 DATED 07.09.2005.