Kerala High Court
Ramachandran Nair vs State Of Kerala on 2 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 02ND DAY OF FEBRUARY 2021/13TH MAGHA,1942
Crl.MC.No.374 OF 2021(F)
AGAINST THE JUDGMENT IN SC 471/2014 OF PRINCIPAL SUB
COURT,TRIVANDRUM
CRIME NO.31/2010 OF Amaravila Excise Range Office,
Thiruvananthapuram
PETITIONERS:
1 RAMACHANDRAN NAIR
AGED 54 YEARS
S/O. SEKHARAN ,LESKHMI MANGALATH VEEDU, EDACODE,
PALLICHAL VILLAGE, NOW RESIDING AT KRISHNA SREE
EDACODE, NEMOM P.O. THIRUVANANTHAPURAM.
2 KISHOR KUMAR,
S/O. AROMAL UNNU, RESIDING AT BHAKTHA MANDIRAM, AYIRA
MURIYIL, KARODE VILLAGE AYIRA P.O. NEYYATTINKARA
TALUK, THIRUVANANTHAPURAM .
BY ADVS.
SRI.R.T.PRADEEP
SRI.K.C.HARISH
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM 682 031.
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crmc 374/2021 2
V.G.ARUN, J.
===========================
Crl.M.C.No.374 of 2021
===========================
Dated this the 2nd day of February, 2021
ORDER
Petitioners are accused Nos.2 and 7 in S.C.No.471 of 2014
pending before Principal Assistant Sessions Court,
Thiruvananthapuram. Non bailable warrants have been issued against
the petitioners due to their absence before the trial court. Annexures
II, III ad IV, which are copies of the proceedings of the lower court
shows that on 22.07.2019, the first petitioner was absent and there
was no representation on his behalf. This resulted in non bailable
warrant being issued against him. On the subsequent posting date, ie
on 21.08.2019, the second petitioner was absent. Consequently non
bailable warrant was issued against him also.
2. Learned counsel for the petitioner submits that, absence of the
petitioners was not wilful and they had appeared before the trial court
on the previous posting date. According to the learned counsel, the
reason for their absence is the wrong communication of the dates by
the clerk attached to the office of the counsel appearing before the
trial court.
3. In view of the submission that the petitioners had appeared
before the trial court on the earlier posting dates, I am inclined to
permit the petitioners to surrender before the trial Court and to move
application for bail, as prayed for, in this Crl.M.C.
4. In the result, The Crl.M.C is disposed of permitting the
petitioners to surrender before the Assistant Sessions Court,
Thiruvananthapuram in S.C.No.471 of 2014 and to move an
application for bail, with advance notice to the Public Prosecutor. In
such event, the learned Assistant Sessions Judge shall consider the
bail application on the date of surrender and pass appropriate orders
thereon, on the same date. In order to provide an opportunity to the
petitioners to surrender and move the bail application, non bailable
warrants issued against them shall be kept in abeyance for two weeks.
Sd/-
V.G.ARUN
JUDGE
lgk
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 TRUE COPY OF FINAL REPROT DATED 25.11.2012
IN OR NO. 31/2010 OF AMARAVILA EXCISE
RANGE.
ANNEXURE II TRUE COPY OF THE PROCEEDINGS DATED 22.7.2019 OF
THE COURT OF PRINCIPAL SUB JUDGE, THIRUVANANTHAPURAM
IN S.C.NO.471 OF 2014 WHICH IS UPDATED IN THE E COURT
SERVICES
ANNEXURE III TRUE COPY OF THE PROCEEDINGS DATED 21.8.2019 OF
THE COURT OF PRINCIPAL SUB JUDGE, THIRUVANANTHAPURAM
IN S.C.NO.471 OF 2014 WHICH IS UPDATED IN THE E
COURT SERVICES
ANNEXURE IV TRUE COPY OF THE PROCEEDINGS DATED 3.10.2019 OF
THE COURT OF PRINCIPAL SUB JUDGE, THIRUVANANTHAPURAM
IN S.C.NO.471 OF 2014 WHICH IS UPDATED IN THE E COURT
SERVICES
