Kerala High Court
Soby George vs State Of Kerala on 23 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 23RD DAY OF FEBRUARY 2021 / 4TH PHALGUNA, 1942
Crl.MC.No.1108 OF 2021(G)
AGAINST THE ORDER/JUDGMENT IN CC 1542/2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, KOCHI
PETITIONER/ACCUSED NO.1:
SOBY GEORGE
AGED 52 YEARS
S/O. KORA GEORGE, KAKKANATTU HOUSE, NELLIMATTOM,
KUTTAMANGAAM, 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
23.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.1108 OF 2021
2
ORDER
Dated this the 23rd day of February 2021
Petitioner is the first accused in C.C.No.
1542/2015, 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 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.1108 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 directed to accept common sureties in all the
cases.
The medical records of the petitioner
persuade me to accept the submission, of the
petitioner having been disabled from appearing in
CRL.M.C.NO.1108 OF 2021
the court due to his ailment.
This Criminal Miscellaneous Case is hence
disposed of, permitting the petitioner to surrender
before the Judicial First Class Magistrate Court-II,
Ernakulam in C.C.No. 1542/2015 and to submit
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.1108 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE 1 TRUE COPY OF MEDICAL CERTIFICATE DATED
07.02.2020 ISSUED FROM RAJAGIRI HOSPITAL,
ALAVUA.
ANNEXURE 2 TRUE COPY OF MEDICAL CERTIFICATE DATED
31.12.2020 ISSUED FROM RAJAGIRI HOSPITAL,
ALUVA.
ANNEXURE 3 TRUE COPY OF MEDICAL CERTIFICATE DATED
30.01.2021 ISSUED FROM CHARAKAS AYURVEDA
HOSPITAL THODUPUZHA.
ANNEXURE 4 TRUE COPY OF THE APPLICATION FIELD IN C.C.
1477/2015 PENDING BEFORE THE JFCMC-II,
KOCHI.
ANNEXURE 4 TRUE DOWNLOADED COPY OF ORDER DATED
04.02.2021 PASSED BY JFCM COURT-II, KOCHI
IN C.C.NO.1542/2015
