Sourave Nishil vs State Of Kerala
2021 Latest Caselaw 13244 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE ASHOK MENON
         THURSDAY, THE 24TH DAY OF JUNE 2021 / 3RD ASHADHA, 1943
                         CRL.MC NO. 2743 OF 2021
  AGAINST THE ORDER/JUDGMENT IN SC 612/2017 OF ADDITIONAL DISTRICT
 COURT(SPECIAL COURT FOR TRIAL FOR MARADU CASES)KOZHIKODE, KOZHIKODE
PETITIONER/S:

             SOURAVE NISHIL
             AGED 24 YEARS
             S/O.NISHIL, VALAPPIL HOUSE, WEST HILL (P.O.),
             KAKKUZHIPALAM, NADAKAVE, KOZHIKODE-673 005.

             BY ADV NIDHI BALACHANDRAN



RESPONDENT/S:

     1       STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, PIN-682 035.

     2       STATION HOUSE OFFICER,
             NADAKAVE POLICE STATION, KOZHIKODE-673 006.


OTHER PRESENT:

             SRI.C.S.HRITHWIK SRPP



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.06.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 2743 OF 2021             2



                            O R D E R

Dated this the 24th day of June 2021

The petitioner is the 5th accused in Crime No.1014/2016 of

Nadakave Police Station for having allegedly committed offences

punishable under Sections 294(b), 333, 353 r/w Section 34 of IPC.

2.The matter is presently pending before the Special Additional

Sessions court, Marad Cases, Kozhikode as SC No.612/2017. The

petitioner absented himself and in order to secure his presence,

coercive steps have been taken, and a non-bailable warrant is

pending. The petitioner states that though he has been vigilantly

prosecuting the case, he missed out on appearance. There was no

willful delay or latches on his part in not appearing on 02.03.2021.

Since the bail bond has been cancelled, he fears that he may be

incarcerated. He is willing to cooperate with the trial and therefore

seeks to surrender before the trial court and to recall his warrant.

3. Heard the learned counsel for the petitioner and the learned

Public Prosecutor.

4. The petitioner was earlier released on bail, but in between,

and he failed to appear. He has produced a Medical Certificate as

Annexure A2 stating that he was suffering from gastric ulcer from

01.03.2021 to 07.03.2021 and therefore he could not appear before

the court and consequent to that the bail bond was cancelled. The

petitioner is directed to surrender before the jurisdictional court

within a period of one week and seek recall of warrant and apply for

fresh bail. The application so filed by the petitioner shall be

considered and preferably disposed of on the same day.

SD/-

ASHOK MENON

rmm JUDGE

APPENDIX OF CRL.MC 2743/2021

PETITIONER ANNEXURE

Annexure A1 TRUE COPY OF THE PROCEEDINGS OF THE CASE AS AVAILABLE ON THE WEBSITE.

Annexure A2 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED TO THE PETITIONER.