Athul @ Monayi vs State Of Kerala
2021 Latest Caselaw 4186 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                      Crl.MC.No.671 OF 2021(D)

AGAINST THE JUDGMENT IN CP 5/2021 OF JUDICIAL MAGISTRATE OF FIRST
                       CLASS, SASTHAMCOTTA

    CRIME NO.302/2019 OF Sasthamcotta Police Station , Kollam


PETITIONER:

              ATHUL @ MONAYI
              AGED 25 YEARS
              X

              BY ADVS.
              SRI.K.SIJU
              SMT.S.SEETHA

RESPONDENT:

              1. STATE OF KERALA, REP, BY PUBLIC PROSECUTOR
              HIGH COURT OF KERALA, ERNAKULAM - 682031.

              2. STATION HOUSE OFFICER, SASTHAMCOTTA POLICE
              STATION,KOLLAM DISTRICT - 690521.



              SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crmc 671/2021                       2




                                  V.G.ARUN, J.

                ===========================
                         Crl.M.C.No.671 of 2021
                ===========================
                  Dated this the 4th day of February, 2021

                                 ORDER

The petitioner is the accused in C.P.No.5 of 2021 pending before

the Judicial First Class Magistrate, Sasthamcotta, which originated

from Crime No.302 of 2019 of Sasthamcotta Police Station, registered

against nine named accused and 25 others.

2. According to the petitioner, he was not named in the F.I.R and

was transposed in the place of the original second accused when the

final report was filed. Hence, he was not aware of the proceedings and

consequently, failed to appear before the committal court. This

resulted in the case against the other accused being committed to the

Sessions Court and case against the petitioner being split up and

renumbered as C.P.No.5 of 2021.

3. The prayer in the Crl.M.C is to permit the petitioner to

surrender before the committal court and move application for bail and

to direct the learned Magistrate to consider the bail application on the

date of surrender itself.

4. The circumstances being as narrated above, I consider the

request to be reasonable.

5. In the result, the Crl.M.C is disposed of permitting the

petitioner to surrender before the Judicial First Class Magistrate,

Sasthamcotta in C.P.No.5 of 2021 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. In

order to provide the petitioner an opportunity to surrender and move

the bail application, non bailable warrant issued against him shall be

kept in abeyance for two weeks.

Sd/-

V.G.ARUN JUDGE

lgk

APPENDIX

PETITIONER'S ANNEXURES

ANNEXURE 1 THE COPY OF FIR IN CRIME NO.302/2019 OF SASTHAMCOTTA POLICE STATION DATED 13.2.2019

ANNEXURE 2 THE COPY OF FINAL REPORT IN CRIME NO. 302 OF 2019 OF SASTHAMCOTTA POLICE STATION DATED 16.3.2020.