Anwar M. vs State Of Kerala
2021 Latest Caselaw 6044 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942

                      Crl.MC.No.945 OF 2021(G)

    AGAINST THE JUDGMENT IN L.P.NO.140/2018 IN CC 1080/2016 OF
         JUDICIAL MAGISTRATE OF FIRST CLASS ,MALAPPURAM


PETITIONER/ACCUSED:

             ANWAR M., AGED 39 YEARS
             S/O.SIDDIQUE, MOOCHIKKAL HOUSE,
             B.P.ANGADI, TIRUR TALUK,
             THALAKKAD VILLAGE, MALAPPURAM-676302.

             BY ADV. SRI.J.ABHILASH

RESPONDENT/STATE:

             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
19.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.945 OF 2021(G)         ..2..




                                ORDER

Dated this the 19th day of February 2021

The petitioner is the sole accused in

L.P.No.140/2018 on the files of the Judicial First Class

Magistrate Court, Malappuram. The offences alleged

against the petitioner are under Sections 279 and

304(A) of IPC and Section 185 of the Motor Vehicles

Act. The petitioner was enlarged on bail during the

crime stage and according to him, since summons

from the Magistrate court was not received, he did not

appear, which resulted in non-bailable-warrant being

issued against him. The learned Counsel for the

petitioner is fair enough to submit that the

proceedings under Sections 82 and 83 Cr.P.C have

been initiated by the trial court. The limited prayer in

this Criminal M.C. is to permit the petitioner to

surrender before the jurisdictional court and to move Crl.MC.No.945 OF 2021(G) ..3..

an application for bail and to direct the Magistrate to

consider the bail application on the date of surrender.

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

permitting the petitioner to surrender and 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. In order to

provide an opportunity for the petitioner to surrender

and move the application for bail, the non-bailable

warrant issued against him shall be kept in abeyance,

for two weeks, subject to payment of cost of Rs.3,000/-

(Rupees three thousand only) to the High Court

Advocates Welfare Fund Trust.

Sd/-

V.G.ARUN SB/22/02/2021 JUDGE

//true copy// P.A to Judge