Binu vs State Of Kerala
2021 Latest Caselaw 4549 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     MONDAY, THE 08TH DAY OF FEBRUARY 2021 / 19TH MAGHA,1942

                      Crl.MC.No.121 OF 2021(E)

  AGAINST THE JUDGMENT IN CC 332/2011 OF JUDICIAL MAGISTRATE OF
                     FIRST CLASS -I,THRISSUR

     CRIME NO.657/2010 OF Town East Police Station , Thrissur


PETITIONER/ACCUSED NO.2:

             BINU
             AGED 40 YEARS
             S/O. JOSE, KOLOTHUMPARAMBIL VEEDU, ADUPUTTY
             URULIKUNNU DESOM, CHOWWANUR VILLAGE, THHRISSUR
             DISTRICT

             BY ADVS.
             SRI.SAIJO HASSAN
             SRI.BENOJ C AUGUSTIN
             SRI.RAFEEK. V.K.
             SRI.U.M.HASSAN
             SMT.P.PARVATHY
             SMT.SURYA P SHAJI
             SHRI.MANAS P HAMEED
             SMT.AATHIRA SUNNY
             SHRI.ELDHO.N.MONCY

RESPONDENT/STATE AND DE FACTO COMPLAINANT:

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

      2      SIDANATH,
             AGED 33 YEARS
             S/O. RANAJI, DURGA NIVAS, DOCTORS COLONY, EDAPPAL,
             PATTAMBI ROAD, MALAPPURAM DISTRICT 679 576


OTHER PRESENT:

             PP M.R.DHANIL

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
08.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.121 OF 2021(E)           ..2..



                                 ORDER

Dated this the 8th day of February 2021

The petitioner is the second accused in

C.C.No.332/2011 pending before the Judicial First

Class Magistrate Court-I, Thrissur, which originated

from Crime No.657/2010 of Thrissur East Police

Station, registered for offences punishable under

Sections 363 and 394 r/w 34 of IPC. It is submitted that

the petitioner had obtained bail at the crime stage and

thereafter, had gone abroad. The petitioner being

absent before the trial court, non-bailable warrant was

issued against him. The learned Counsel for the

petitioner submits that the trial in the case has

commenced and the petitioner is desirous of

surrendering before the court and participating in the

trial, but is apprehensive that he will be remanded on

surrender. The prayer is for a direction to the

jurisdictional Magistrate to re-call the warrant and to Crl.MC.No.121 OF 2021(E) ..3..

grant bail to the petitioner.

2. It is for the learned Magistrate to decide as to

whether the warrant is to be re-called or not. At the

same time, the petitioner having expressed his

willingness to surrender and participate in the trial, he

is permitted to surrender before the Magistrate Court

and move an application for bail with advance notice to

the Public Prosecutor concerned. In such event, the

learned Magistrate shall consider the bail application

on the date of surrender and pass appropriate orders

on the same day. In order to provide the petitioner

with an opportunity to surrender, the non-bailable

warrant issued against him shall be kept in abeyance

for a period of one week.

The Criminal M.C.is disposed of accordingly.

Sd/-

V.G.ARUN SB/08/02/2021 JUDGE

//true copy// P.A to Judge