Soby George vs State Of Kerala
2021 Latest Caselaw 6128 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.1020 OF 2021(F)

AGAINST THE ORDER/JUDGMENT IN CC 1560/2015 OF JUDICIAL MAGISTRATE
                    OF FIRST CLASS -II, KOCHI


PETITIONER/ACCUSED NO.1:

             SOBY GEORGE
             AGED 52 YEARS
             S/O. KORA GEORGE, KAKKANATTU HOUSE, NELLIMATTOM,
             KUTTAMANGALAM, KOTHAMANGALAM ERNAKULAM .

             BY ADV. SRI.SABU S.KALLARAMOOLA

RESPONDENT/STATE:

             STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE
             ADVOCATE GENERAL, HIGH COURT BUILDINGS, ERNAKULAM.


OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
19.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1020 OF 2021
                                      2




                                ORDER

Dated this the 19th day of February 2021

Petitioner is the first accused in C.C.No.

1541/2015, pending before the Judicial First Class

Magistrate Court-II, Kochi. The offence alleged is

under Section 420 read with Section 34 of IPC. The

petitioner was arrested on 18.10.2014, during the

investigation stage and released on 12.12.2014, after

56 days of judicial custody. On the final report being

filed and cognizance being taken, the petitioner

appeared through the Counsel and applied for

continuing the bail taken at the crime stage.

Altogether twelve cases are pending against the

petitioner.

2. The petitioner had to undergo a surgery for

anterior cervical discectomy and fusion on 05.02.2020

and was bed ridden for a long period. He had to be

hospitalized again due to post surgical complications

and is undergoing treatment. The medical records CRL.M.C.NO.1020 OF 2021

have been produced as Annexure-A1, Annexure-A2 &

Annexure-A3. According to the petitioner, his physical

disability prevented him from being present in the

court on 04.02.2021 and the learned Magistrate

issued non-bailable warrant against the petitioner in

all the cases.

3. The prayer in this Criminal M.C. is to quash

the proceedings issuing non-bailable warrant and to

direct the jurisdictional court to grant the petitioner

one month's time, to appear and take bail. The

learned Counsel for the petitioner submitted that the

petitioner will be satisfied if he is granted two week's

time to surrender and the learned Magistrate directed

to consider the bail application on the date of

surrender. It is prayed that the learned Magistrate

may be accept common sureties in all the cases.

The medical records of the petitioner

persuades me to accept the submission of the

petitioner having been disabled from appearing in the

court due to his ailment and therefore, to grant the CRL.M.C.NO.1020 OF 2021

limited relief sought.

These Criminal Miscellaneous Cases are hence

disposed of, permitting the petitioner to surrender

before the Judicial First Class Magistrate Court-II,

Ernakulam in C.C.No. 1541/2015 and to submit the

application for bail, with notice to the Public

Prosecutor. In such event, the learned Magistrate

shall consider the bail application and pass

appropriate orders thereon on the same day. The

same sureties can be accepted in all cases, if they

have sufficient solvency. In order to provide an

opportunity for the petitioner to surrender and move

the application for bail, non-bailable warrant issued

against him shall be kept in abeyance for a period of

two weeks.

Sd/-

V.G.ARUN

JUDGE NB CRL.M.C.NO.1020 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF MEDICAL CERTIFICATE DATED 07.02.2020 ISSUED FROM RAJAGIRI HOSPITAL, ALUVA.

ANNEXURE A2 TRUE COPY OF MEDICAL CERTIFICATE DATED 31.12.2020 ISSUED FROM RAJAGIRI HOSPITAL, ALUVA.

ANNEXURE A3 TRUE COPY OF MEDICAL CERTIFICATE DATED 30.01.2021 ISSUED FROM CHARAKA'S AYURVEDA HOSPITAL, THODUPUZHA.

ANNEXURE A4 TRUE COPY OF THE APPLICATION FILED IN C.C.

1477/2015 PENDING BEFORE THE JFCMC-II, KOCHI.