Reji vs The State Of Kerala
2021 Latest Caselaw 3993 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                      Crl.MC.No.84 OF 2021(A)

AGAINST THE ORDER/JUDGMENT IN LP 20/1996 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS-I,MANJERI

     CRIME NO.133/1991 OF MANJERI POLICE STATION, MALAPPURAM


PETITIONER/ACCUSED NO.3:

             REJI
             AGED 40 YEARS
             S/O. SUKUMARAPANIKKAR, MELATTUKUNNEL HOUSE,
             ANJUMOORTHI, VADAKKUMCHERY, PALAKKAD DISTRICT

             BY ADV. SRI.K.RAKESH

RESPONDENTS/STATE & COMPLAINANT:

      1      THE STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, KOCHI-682031

      2      THE STATION HOUSE OFFICER,
             MANJERI POLICE STATION, MANJERI, MALAPPURAM DISTRICT,
             PIN-676121


OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.84 OF 2021
                                     2




                             O R D E R

Dated this the 3rd day of February 2021

The petitioner is the sole accused

in L.P.No.20/1996 pending before the

Judicial First Class Magistrate-I,

Manjeri, which arose out of Crime

No.133/1991 registered at the Manjeri

Police Station. The offences alleged are

those punishable under Sections 323 and

506(i)of IPC.

2. According to the petitioner,

he had no occasion to seek bail since the

offences are non bailable. It is submitted

that the petitioner was abroad for long

and his absence before the Court was not

willful. Recently, the petitioner came to

know about the pendency of the case and is

desirous of surrendering before the Court, CRL.M.C.NO.84 OF 2021

but is apprehensive of being remanded due

to the pendency of the non-bailable

warrant. It is submitted that the defacto

complainant is no more and Annexure-C is

the death certificate.

3. Taking all the above mentioned

facts into consideration, I am inclined to

grant the relief sought by the petitioner,

subject to payment of cost of Rs.3000/-

(Rupees three thousand only) to the High

Court Advocates Association Welfare Fund

Trust. The cost is imposed for reason of

the petitioner having kept away from the

Court proceedings for more than twenty

years.

4. In the result the Crl.M.C. is

disposed of, permitting the petitioner to

surrender before the Judicial First Class

Magistrate-I, Manjeri in L.P.No.20/1996

and to move an application for bail with CRL.M.C.NO.84 OF 2021

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. To provide an opportunity to the

petitioner to surrender and to move the

bail application, the non-bailable warrant

pending against him shall be kept in

abeyance for a period of two weeks.

Sd/-

V.G.ARUN JUDGE NB CRL.M.C.NO.84 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A CERTIFIED COPY OF THE FIR AND FIS IN CRIME NO.133/91 OF MANJERI POLICE STATION DATED 22.3.91

ANNEXURE B CERTIFIED COPY OF THE CHARGE SHEET AND MEMORANDUM OF EVIDENCE IN CRIME NO.133/91 OF MANJERI POLICE STATION

ANNEXURE C TRUE COPY OF THE DEATH CERTIFICATE OF THE DEFACTO COMPLAINANT ISSUED BY THE REGISTRAR OF BIRTHS AND DEATHS, THIRUVANANTHAPURAM CORPORATION.

ANNEXURE D CERTIFIED COPY OF THE DIARY EXTRACT IN C.C NO.626/96 (L.PNO.20/96 OF J.F.C.M-I MANJERI ON 20-5-1996 AND 24-6-1996.