Nikhil @Kuttappi vs The State Of Kerala
2021 Latest Caselaw 3567 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                   THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 01ST DAY OF FEBRUARY 2021 / 12TH MAGHA,1942

                        Crl.MC.No.570 OF 2021(A)

AGAINST THE JUDGMENT IN CP 10/2020 OF JUDICIAL MAGISTRATE OF FIRST
                        CLASS -II,PALAKKAD


PETITIONERS:

      1         NIKHIL @KUTTAPPI,
                AGED 33 YEARS
                S/O CHANDRAN, MANAMALA HOUSE, P.O.VATTANATHARA,
                AMBALLUR VILLAGE, THRISSUR, PIN-680 302.

      2         SANIL @ KANNAN,
                AGED 34 YEARS
                S/O SIVARAMAN, MANAKKADAN HOUSE, P.O.VARANDARAPPILLY,
                VARANDARAPPILLY VILLAGE THRISSUR

                BY ADV. SRI.RAJESH CHAKYAT

RESPONDENT/S:

      1         THE STATE OF KERALA
                REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA-
                682 031.

      2         THE SUB INSPECTOR OF POLICE,
                TOWN NORTH POLICE STATION, PALAKKAD, PALAKKAD
                DISTRICT, REP BY THE PUBLIC PROSECUTOR, HIGH COURT OF
                KERALA-682 031.


                PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 570/2021                       2




                                  V.G.ARUN, J.

                ===========================
                          Crl.M.C.No.570 of 2021
                ===========================
                  Dated this the 1st day of February, 2021

                                 ORDER

Petitioners are accused Nos.3 and 10 in Crime No.707 of 2018

of Town North Police Station, Palakkad now pending as C.P.No.10 of

2020 on the files of the Judicial First Class Magistrate Court-II,

Palakkad. The offences alleged are those punishable under Section

395 and 120(b) of IPC. Petitioners were not arrested during the crime

stage, which resulted in absconding charge being filed by the

Investigating Officer. Petitioners were issued with summons to appear

before the committal court and on their failure to do so, non bailable

warrants have been issued.

2. This Crl.M.C is filed claiming that petitioners were not served

with the summons and hence, their failure to appear was not wilful.

Petitioners are desirous of surrendering before the committal court,

but are apprehensive of being remanded to custody. The petitioners

therefore seek a direction to release them on bail on their surrender

before the committal court.

3. While no direction to grant bail to the petitioners on their

surrender can be issued, the court below can be directed to consider

the bail application on the date of surrender itself.

4. The Crl.M.C is hence disposed of, permitting the petitioners

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

Palakkad in C.P.No.10 of 2020 and to move an application for bail,

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

learned Magistrate shall consider the bail application on the date of

surrender and pass appropriate orders thereon, on the same day.

Sd/-

V.G.ARUN JUDGE

lgk