Yakoob vs The Sub Inspector Of Police
2021 Latest Caselaw 4729 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                      Crl.MC.No.735 OF 2021(B)

 AGAINST THE ORDER/JUDGMENT IN CC 215/2019 OF JUDICIAL MAGISTRATE
                      OF FIRST CLASS ,TIRUR

      CRIME NO.215/2019 OF TIRUR POLICE STATION, MALAPPURAM


PETITIONER/ACCUSED:

             YAKOOB
             AGED 63 YEARS
             S/O. BEERAN, PURAYIL HOUSE, CHERUVADI, MAVOOR,
             KOZHIKODE.

             BY ADVS.
             SRI.T.G.RAJENDRAN
             SRI.T.R.TARIN

RESPONDENT/COMPLAINANT/STATE:

      1      THE SUB INSPECTOR OF POLICE
             TIRUR POLICE STATION, MALAPPURAM-676101.

      2      THE STATE OF KERALA,
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682031.


OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.735 OF 2021
                                   2




                               O R D E R

Dated this the 9th day of February 2021

Petitioner is the accused in

C.C.No.215/2019 pending on the files of

the Judicial First Class Magistrate

Court-I, Tirur. The case originated from

crime No.653/2017 of Tirur Police Station,

registered for offences under Sections 406

and 420 of IPC.

2. The petitioner had earlier

challenged the Final Report in Criminal

M.C.No.1263/2020. That Criminal M.C.

having been dismissed by this Court, the

petitioner is desirous of surrendering

before the trial court and contesting the

case on merits. But, due to the absence of

the petitioner, the trial court has issued

non-bailable warrant against him. The

limited prayer in this Criminal M.C. is to CRL.M.C.NO.735 OF 2021

permit the petitioner to surrender before

the trial court and to move an application

for bail and for a direction to the court,

to consider and pass orders on the

application on the same day.

3. Taking into account the fact

that the offence alleged are under

Sections 406 and 420 of I.P.C, and that

the crime was registered based on the

private complaint filed by the defacto

complainant, which was referred to the

Police under Section 156(3), I am inclined

to grant the relief sought.

4. In the result, the Criminal

M.C. is disposed of, permitting the

petitioner to surrender before the

Judicial First Class Magistrate Court-I,

Tirur in C.C.No.215/2019 and move an

application for bail with notice to the

Public Prosecutor.

 CRL.M.C.NO.735 OF 2021


                  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 an

opportunity to the petitioner to surrender

and 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