Shiji vs State Of Kerala
2021 Latest Caselaw 5976 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                      Crl.MC.No.983 OF 2021(C)

 AGAINST THE ORDER/JUDGMENT IN CP 115/2020 OF JUDICIAL MAGISTRATE
                     OF FIRST CLASS ,VARKALA

        CRIME NO.34/2020 OF VARKALA EXCISE RANGE OFFICE ,
                        THIRUVANANTHAPURAM


PETITIONER/ACCUSED:

              SHIJI
              AGED 42 YEARS
              S/O. JAYADEVAN, ADITHYAN NIVAS, CHITTAIKKODU,
              NAVAIKULAM, VARKALA TALUK, THIRUVANANTHAPURAM

              BY ADV. SRI.M.R.SARIN

RESPONDENT:

              STATE OF KERALA
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
              KERALA, ERNAKULAM 682 031


OTHER PRESENT:

              SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.983 OF 2021
                                 2




                           JUDGMENT

Dated this the 18th day of February 2021

Petitioner is the accused in C.P No.115 of 2020

Judicial First Class Magistrate Court - I, Varkala, which

originated from Crime No.34/ 2020 registered at the

Varkala Excise Range, for the offence punishable under

Section 55(g) of the Abkari Act. As per Annexure-1,

the petitioner was issued with summons to appear

before the committal court on 20.01.2021, but failed to

do so, which according to the petitioner was for reasons

beyond his control.

2. The limited relief sought in this Crl.M.C. is to

permit the petitioner to surrender before the committal

court and for a direction to the Jurisdictional Magistrate

to consider the bail application filed by the petitioner on

the date of surrender itself.

In view of the limited releif sought, the Crl.M.C. is

disposed of, permitting the petitioner to surrender Crl.MC.No.983 OF 2021

before the Judicial First Class Magistrate Court-I,

Varkala in C.P No.115 of 2020 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

orders thereon on the same day.

Sd/-

V.G.ARUN

JUDGE NB