Kerala High Court
Sivadasan vs State Of Kerala on 12 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
Crl.MC.No.1364 OF 2021(A)
AGAINST THE ORDER/JUDGMENT IN CC 338/2011 OF CHIEF JUDICIAL
MAGISTRATE ,KASARAGOD
CRIME NO.998/2010 OF KASARAGOD POLICE STATION, KASARGOD
PETITIONER/ACCUSED:
SIVADASAN
AGED 46 YEARS
S/O. NARAYANAN NAIR, THATTIKATHIL HOUSE,
THIRUVENGAPURA, PATTAMBI, PALAKKAD DISTRICT
BY ADV. SRI.S.JIJI
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
OTHER PRESENT:
PP T.R.RENJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.M.C.NO.1364 OF 2021
2
ORDER
Dated this the 12th day of March 2021
Petitioner is the accused in Crime No.998/2010
of Kasaragod Police Station, registered for offences
punishable under Sections 406 & 420 of I.P.C., now
pending as L.P.C.No.30/2013 on the files of the Chief
Judicial Magistrate Court, Kasaragod. On filing of final
report in the crime, cognizance was taken and the
case numbered as C.C.No.338/2011. Due to
continued absence of the petitioner non-bailable
warrant was issued against him and the case was
included in the Long Pending Register. The prayer in
this Criminal M.C. is to permit the petitioner to
surrender before the jurisdictional court and move an
application for bail and to direct the court to consider
the bail application on the date of surrender itself.
2. The learned Counsel for the petitioner
submitted that he is a permanent resident of
CRL.M.C.NO.1364 OF 2021
Palakkad and at the time when the case was
registered, he was employed at Kasaragod. Hence,
the petitioner was totally unaware about the
pendency of the case. The learned Public Prosecutor
submitted that the petitioner had not appeared even
once before the jurisdictional court. Considering that
the offences alleged are under Sections 406 & 420 of
I.P.C., I am inclined to grant the relief sought, but
subject to payment of cost by the petitioner.
In the result, the Criminal M.C. is allowed,
permitting the petitioner to surrender before the Chief
Judicial Magistrate Court, Kasaragod in L.P.C.No.
30/2013 and to move an application for bail. 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 move the bail application, non-bailable
warrant pending against him shall be kept in
abeyance for two weeks.
CRL.M.C.NO.1364 OF 2021
The aforementioned directions are subject to the
petitioner remitting Rs.2,000/- (Rupees two thousand
only) in the Balanidhi fund of the Government of
Kerala and on producing the receipt along with the
bail application.
Sd/-
V.G.ARUN
JUDGE
NB/12.03.2021
CRL.M.C.NO.1364 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE-A1 TRUE COPY OF THE FINAL REPORT IN
CR.NO.998/2010 OF KASARAGOD POLICE STATION
ANNEXURE-A2 TRUE COPY OF THE ONLINE CASE STATUS REPORT
IN C.C.NO.338/2011 ON THE FILES OF THE CJM
COURT, KASARAGOD
ANNEXURE-A3 TRUE COPY OF THE ONLINE DAILY CASE STATUS
REPORT DATED 14-06-2012 IN C.C.NO.338/2011
ON THE FILES OF THE CJM COURT, KASARAGOD
ANNEXURE-A4 TRUE COPY OF THE ONLINE DAILY CASE STATUS
REPORT DATED 27-09-2013 IN C.C.NO.338/2011
ON THE FILES OF THE CJM COURT, KASARAGOD
RESPONDENT'S EXHIBITS: NIL
TRUE COPY
P.A. TO JUDGE
