Santhosh Babu vs State Of Kerala
2021 Latest Caselaw 6312 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942

                     Crl.MC.No.1039 OF 2021(H)

 AGAINST THE ORDER/JUDGMENT IN LP 33/2008 OF JUDL. MAGISTRATE OF
                   FIRST CLASS, KOTHAMANGALAM

    CRIME NO.5/1991 OF THUNDAM FOREST RANGE OFFICE, ERNAKULAM


PETITIONER/2ND ACCUSED:

              SANTHOSH BABU
              AGED 58 YEARS
              S/O SUDHAKARAN,
              PUTHENPURAYIL HOUSE,
              PINDIMANA P O, KOTHAMANGALAM
              NOW RESIDING AT VAISHAKAM,
              ARAKKUZHA P O, MUVATTUPUZHA.

              BY ADV. SRI.BIJU .C. ABRAHAM

RESPONDENT:

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


OTHER PRESENT:

              SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1039 OF 2021
                                       2




                                ORDER

Dated this the 22nd day of February 2021

Petitioner is the second accused in L.P.No.

33/2008, on the files of the Judicial First Class

Magistrate Court-I, Kothamangalam, which arose

from O.R.No.5/91 of Thundam Forest Range.

2. According to the petitioner, of the eleven

accused, case against three was compounded and

seven acquitted by the jurisdictional court. The

petitioner failed to appear before the court, resulting

in his case was split up and included in the Long

Pending Register.

3. The petitioner seeks permission to appear

before the jurisdictional court and move an

application for bail and for a direction to the

Magistrate to consider the bail application on the date

of surrender itself.

4. Taking into account the fact that the CRL.M.C.NO.1039 OF 2021

case against all other accused have been

compounded/acquitted, the permission sought for can

be granted .

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

permitting the petitioner to surrender before the

Judicial First Class Magistrate Court-I,

Kothamangalam in L.P.No. 33/2008 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 appropriate 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 CRL.M.C.NO.1039 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE-A1 CERTIFIED COPY OF THE FOREST OFFENCE SEIZURE REPORT (PRELIMINARY) UNDER SECTION 36 OF FOREST ACT IN OR NO. 5/91 FILED BEFORE JUDICIAL FIRST CLASS MAGISTRATE COURT, ADIMALI.