Jomon Jacob vs State Of Kerala
2021 Latest Caselaw 5757 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                      Crl.MC.No.913 OF 2021(D)

AGAINST THE ORDER/JUDGMENT IN LP 37/2020 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS,THODUPUZHA


PETITIONER/ACCUSED:

             JOMON JACOB
             AGED 51 YEARS
             S/O. JACOB, PICHAPPILLIL HOUSE, KADAVOOR VILLAGE,
             PUNNAMATTOM KARA, ERNAKULAM DISTRICT.

             BY ADV. SRI.SOJAN MICHEAL

RESPONDENT/COMPLAINANT:

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, KOCHI 31.


OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.913 OF 2021
                                     2



                               ORDER

Dated this the 17th day of February 2021

Petitioner is the sole accused in C.C.

No.1527/2014 pending before the Judicial First Class

Magistrate Court, Thodupuzha, for offences

punishable under Sections 418 & 420 of I.P.C.

2. The learned Counsel for the petitioner

submitted that the trial of the case was going on, and

the petitioner had been diligently appearing on the

posting dates. But on 24.02.2020, when the case

was posted for examination of official witnesses, the

petitioner could not be present and an application

seeking exemption from personal appearance was

submitted on his behalf. But the learned Magistrate

rejected the application and issued non-bailable

warrant. Later, the case was included in the Long

Pending Register. The limited relief sought herein is

to permit the petitioner to surrender before the

Magistrate Court and to move an application for bail Crl.MC.No.913 OF 2021

and for a direction to consider the bail application on

the date of surrender itself.

3. Taking into account the submission that the

petitioner had been participating in the proceedings

till 24.02.2020, I am inclined to grant the relief.

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

permitting the petitioner to surrender before the

Judicial First Class Magistrate Court, Thodupuzha in

L.P. No.37/2020 and to move an application for bail

with notice to the Public Prosecutor. In such event,

the learned Magistrate shall consider the bail

application on the date of surrender and pass orders

thereon on the same day. In order to provide an

opportunity for 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