Rejil vs State Of Kerala
2021 Latest Caselaw 15326 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                  THE HONOURABLE MR. JUSTICE GOPINATH P.
         THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
                         CRL.MC NO. 3198 OF 2021
           ARISING FROM CC 458/2015 OF JMFC - VIII, ERNAKULAM


PETITIONER/ACCUSED:

     1       REJIL,
             AGED 40 YEARS
             S/O. RAVEEDNRAN, GANGA HOUSE, NEAR VALLIKKAVU ASRAMAM,
             KULASEKHARAMANGALAM VILLAGE, KOLLAM DISTRICT.

     2       ANOOP RAJ,
             AGED 33 YEARS, S/O. RAJAN, PAZHAYAVEEDU HOUSE, NELLIMUKKU
             JUNCTION, THIRUMULLAVARAM POST, MULANKADAKAM DESOM,
             KOLLAM DISTRICT.

             BY ADVS.
             PHILIP T.VARGHESE
             THOMAS T.VARGHESE
             ACHU SUBHA ABRAHAM
             V.T.LITHA
             K.R.MONISHA
             SHRUTHI SARA JACOB



RESPONDENTS/STATE & INVESTIGATING OFFICER:

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

     2       THE SUB INSPECTOR OF POLICE,
             PANANGAD POLICE STATION, ERNAKULAM-682506.
OTHER PRESENT:

             SRI. RANJITH T.R (SR.P.P)

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION            ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 Crl. M.C. No.3198/2021                     -2-

                                  JUDGMENT

The petitioners are the accused in C.C No.458/2015 on the files of the

Judicial First Class Magistrate Court-VIII, Ernakulam for offences punishable

under Sections 420, 465, 471, 511 read with Section 34 of Indian Penal Code. It is

the specific case of the petitioners that they were not served with summons in the

case and that they are now facing steps under Section 82 & 83 of the Code of

Criminal Procedure and that a non-bailable warrant has also been issued. The

learned counsel for the petitioners would submit that the case is posted to 25-08-

2021 and that the petitioners shall surrender before the court below and seeks a

direction that bail application, if any, filed on the date of the surrender shall be

considered on the same day. The learned Public Prosecutor submits that advance

notice of the bail application may be served on the concerned Assistant Public

Prosecutor.

2. In the totality of the facts and circumstances of the case this Crl.M.C.

will stand disposed of directing that the petitioners shall surrender before the

Judicial First Class Magistrate Court-VIII, Ernakulam on 28-07-2021. If the

petitioners surrender on 28-07-2021 and file a bail application with advance notice

to the concerned Assistant Public Prosecutor the learned Magistrate shall consider

the bail application on the date of the surrender itself.

Crl.M.C. will stand disposed of with the above directions.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 3198/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF ORDER DATED 19/01/2021 PASSED BY THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE'S COURT, ERNAKULAM IN CC NO.881/2017.