Aneesh.A vs State Of Kerala
2021 Latest Caselaw 10294 Ker

       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MR.JUSTICE V.G.ARUN

 FRIDAY, THE 26TH DAY OF MARCH 2021/5TH CHAITHRA, 1943

                 Crl.M.C.No.1873 OF 2021(D)

     (AGAINST THE ORDER/JUDGMENT IN L.P.No.39/2019
 IN CC 169/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS,
   SASTHAMCOTTA IN CRIME NO.814/2012 OF SASTHAMCOTTA
                POLICE STATION, KOLLAM)


PETITIONER/1ST ACCUSED:

       ANEESH.A, AGED 31 YEARS, (A1)
       S/O. ARJUNAN, ANEESH BHAVAN,
       ITHOTTUVA, WEST KALLADA P.O,
       KOLLAM DISTRICT.

       BY ADVS.
       SRI.BINU GEORGE
       SMT.HEMALATHA


RESPONDENT/STATE:

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


OTHER PRESENT:

       SENIOR PUBLIC PROSECUTOR, SRI.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING          COME UP    FOR
ADMISSION ON 26.03.2021, THE COURT ON         THE SAME   DAY
PASSED THE FOLLOWING:
 Crl.M.C.No.1873 OF 2021(D)

                                     2




                                   ORDER

The petitioner is the first respondent in

L.P.No.39/2019 on the files of the Judicial

First Class Magistrate Court, Sasthamkotta. The

case originated from Crime No.814/2012

registered at Sasthamkotta Police Station

against the petitioner and another, for offences

punishable under Section 420, 468 and 471 of

I.P.C, Sections 20 and 21 of the Kerala

Protection of River Banks and Regulation of

Removal of Sand Act and Section 3(i) of the PDPP

Act.

2. The petitioner was arrested during the

crime stage and released on bail by the

jurisdictional court. Thereafter, he went abroad

for employment. In the meanwhile, investigation

of the case was completed, final report filed

and the case being numbered as C.C.No.169/2014. Crl.M.C.No.1873 OF 2021(D)

The 2nd accused faced trial in the case and was

acquitted. The case against the petitioner was

split up and later included in the Long

Pending Register due to his continued absence.

3. The prayer in this Criminal M.C., is

to permit the petitioner to surrender before

the jurisdictional court and to move an

application for bail and to direct the court

to consider the bail application on the date

of surrender itself.

4. Learned counsel for the petitioner

submits that the petitioner had gone abroad in

the year 2014 due to compelling circumstances.

It is submitted that the 2nd accused having

been acquitted after trial, some leniency can

be shown to the petitioner, on his surrender

before the trial court.

I find substance in the submissions made

by the learned counsel and accordingly the Crl.M.C.No.1873 OF 2021(D)

Criminal M.C is disposed of with the following

directions.

The petitioner shall surrender before the

Judicial First Class Magistrate Court,

Sasthamkotta in L.P.No.39 of 2019 and to move

an application for bail, with advance 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 seek bail, the

non-bailable warrant pending against him shall

be kept in abeyance for two weeks.

Sd/-

V.G.ARUN

JUDGE ss Crl.M.C.No.1873 OF 2021(D)

APPENDIX

PETITIONER'S/S EXHIBITS:

ANNEXUREA1 A TRUE COPY OF FIR IN CRIME NO. 814/2012 OF SASTHAMCOTTA POLICE STATION.

ANNEXURE A2 A TRUE COPY OF RELEVANT PAGES OF PETITIONER'S PASSPORT.