Prabhakara Nonda vs State Of Kerala
2021 Latest Caselaw 8849 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                THE HONOURABLE MR.JUSTICE V.G.ARUN

   WEDNESDAY, THE 17TH DAY OF MARCH 2021 / 26TH PHALGUNA, 1942

                       Crl.MC.No.1591 OF 2021(H)

 AGAINST THE ORDER/JUDGMENT IN SC 258/2020 OF ADDITIONAL DISTRICT
              COURT & SESSIONS COURT - II, KASARAGOD

     CRIME NO.118/2019 OF Manjeswar Police Station , Kasargod


PETITIONERS/ACCUSED:

      1      PRABHAKARA NONDA,
             AGED 27 YEARS,
             S/O. NARAYANA NONDA,
             KALAYIL HOUSE,
             PAIVALIKE, MANJESWAR,
             KASARGOD DISTRICT.

      2      JAYARAJ @ RAJA,
             AGED 19 YEARS,
             S/O. CHANDRASEKHARA,
             FLAT MADANTHOOR, JODUKALLU,
             KAYYAR MANJESWAR, KASARGOD DISTRICT.

             BY ADVS.
             SHRI.AJAI BABU
             SMT.ROSIN JOSEPH

RESPONDENTS/STATE & COMPLAINANT:

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

      2      THE STATION HOUSE OFFICER,
             (CRIME NO. 118 OF 2019
             OF MANJESWAR POLICE STATION,
             KASARAGOD DISTRICT).

             R1-2 BY PP MAYA M.N.

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.No.1591 OF 2021

                                        2




                                  ORDER

Dated this the 17th day of March 2021

in S.C.No.258 of 2020 on the files of the court

of Additional Sessions Judge-II, Kasaragode. As

per the averments in the Crl.M.C., the

petitioners had been diligently appearing before

the trial court till 03-03-2021 on which date the

case was posted for hearing on framing of charge.

According to the petitioners, even though they

had contacted their counsel and expressed

willingness to appear before the court on

03-03-2021, was informed that their appearance

was not required on that day. Hence the

petitioners did not appear on 03-03-2021, which

resulted in their bail bonds being cancelled and

non-bailable warrants being issued. The limited

relief sought in this Crl.M.C. is to permit the

petitioners to surrender before the court below CRL.M.C.No.1591 OF 2021

and to move an application for bail and to direct

the court to consider the bail application on the

date of surrender itself.

2. Going by the sequence of events

narrated in the Crl.M.C., I find substance in the

submission of the learned counsel for the

petitioners, that their absence on 03-03-2021 was

not willful. Hence, it is only appropriate to

provide an opportunity for the petitioners to

surrender and seek bail.

In the result, the Crl.M.C. is disposed

of permitting the petitioners to surrender before

the Additional Sessions Judge-II, Kasaragode in

S.C. No.258/2020 and to move applications for

bail with advance notice to Public Prosecutor.

In such event the learned Additional Sessions

Judge shall consider the bail applications on

the date of surrender and pass orders thereon on

the same day. In order to provide an opportunity

for the petitioners to surrender and seek bail,

the non bailable warrants issued against them CRL.M.C.No.1591 OF 2021

shall be kept in abeyance for a period of two

weeks.

Sd/-

V.G.ARUN JUDGE

SSK/17/03 //TRUE COPY// PA TO JUDGE CRL.M.C.No.1591 OF 2021

APPENDIX PETITIONER'S ANNEXURES:

ANNEXURE A1 A TRUE COPY OF THE FIR DATED 24.11.2019 IN CRIME NO. 118 OF 2019 OF MANJESWAR POLICE STATION.

RESPONDENT'S EXHIBITS:NIL


SSK                       //TRUE COPY//          PA TO JUDGE