Dipu K. Balan vs State Of Kerala
2021 Latest Caselaw 6830 Ker

         IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

            THE HONOURABLE MR.JUSTICE V.G.ARUN

  FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA,
                           1942

                 Crl.MC.No.1186 OF 2021(G)

 AGAINST THE ORDER/JUDGMENT IN CC 3448/2015 OF JUDICIAL
       FIRST CLASS MAGISTRATE COURT, TRIPUNITHURA

   CRIME NO.375/2015 OF Udayamperoor Police Station ,
                        Ernakulam


PETITIONER/S:

           DIPU K. BALAN
           AGED 41 YEARS
           S/O K.A.BALASUBRAMANYAN, ASWATHY NIVAS HOUSE,
           NEAR SREEVIDYAPEETAM SCHOOL, TRIPUNITHURA
           P.O.NADAMA VILLAGE, ERNAKULAM DISTRICT-682
           301.

           BY ADVS.
           SRI.C.Y.VINOD KUMAR
           SRI.VIVEK K.VIJAYAN

RESPONDENT/S:

     1     STATE OF KERALA,
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
           OF KERALA, ERNAKULAM-682 031.

     2     THE SUB INSPECTOR OF POLICE,
           UDAYAMPEROOR POLICE STATION, UDAYAMPEROOR,
           ERNAKULAM-682 307.


OTHER PRESENT:

           PP M.R.DHANIL

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 26.02.2021, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C. No. 1186 of 2021

                                    -2-



                                  ORDER

Dated this the 26th day of February, 2021

Petitioner is the accused in Crime No.375 of

2015 registered at the Udayamperoor Police

Station for offences punishable under Sections

468 and 471 of IPC, now pending as C.C.No.3448 of

2015 on the files of the Judicial First Class

Magistrate Court, Tripunithura.

2. It is submitted that the petitioner had

appeared before the jurisdictional court on

summons and was granted bail. That, the

petitioner had diligently appeared before court.

The case was posted for evidence on 10.03.2020.

On that day, the petitioner was present and the

court issued summons to CWs 2 and 3 and the case

was adjourned to 04.06.2020. There was no

sitting on 04.06.2020 and the case was adjourned

to 04.11.2020 and on that day, to 05.02.2021. On Crl.M.C. No. 1186 of 2021

05.02.2021, the petitioner failed to appear

since he was out of station and there was no

representation on his behalf, since the Counsel

was late in reaching the court. This resulted in

the trial court issuing non-bailable warrant

against the petitioner. The case now stands

posted to 17.03.2021.

3. The limited relief sought in the Crl.M.C

is to permit the petitioner to surrender before

the trial court and to move an application for

bail and for a direction to the learned

Magistrate to consider the bail application on

the date of surrender itself. I find the prayer

to be reasonable, sine the petitioner had

regularly appeared on the previous posting dates.

In the result, the Crl.M.C is allowed. The

petitioner is permitted to surrender before the

Judicial First Class Magistrate Court,

Tripunithura in C.C.No.3448 of 2015 and to move Crl.M.C. No. 1186 of 2021

an application for bail, with advance notice to

the Public Prosecutor concerned. In such event,

the learned Magistrate shall consider the

application for bail on the date of surrender

itself and pass appropriate orders thereon on the

same day. For effecting such consideration, the

non-bailable warrant pending against the

petitioner shall be kept in abeyance for three

weeks.

Sd/-

V.G.ARUN JUDGE

Scl/26.02.2021 Crl.M.C. No. 1186 of 2021

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO 375/2015 OF UDAYAMPEROOR POLICE STATION