Sreejith.M.B vs State Of Kerala
2021 Latest Caselaw 12381 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                THE HONOURABLE MR. JUSTICE GOPINATH P.

      FRIDAY, THE 07TH DAY OF MAY 2021 / 17TH VAISAKHA, 1943

                      Crl.MC.No.2459 OF 2021(F)

  AGAINST THE ORDER/JUDGMENT IN CC 2312/2020 OF ADDITIONAL CHIEF
        JUDICIAL MAGISTRATE (ECONOMIC OFFENCE), ERNAKULAM

  CRIME NO.54/2019 OF ERNAKULAM SOUTH POLICE STATION, ERNAKULAM


PETITIONER/ACCUSED:

               SREEJITH.M.B
               AGED 32 YEARS
               S/O. M.K BABU, RESIDING AT MURIKKINAPILLY HOUSE,
               CHANIYAMURI, MATTUMMAL, THEVARA P.O, ERNAKULAM,
               PIN -682 013

               BY ADV. SRI.AJOY VENU

RESPONDENTS:

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

      2        SUB INSPECTOR OF POLICE,
               THEVARA POLICE STATION (ET SOUTH),
               ERNAKULAM -682 013

               SRI.C.S.HRITHWIK-PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.05.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2459 OF 2021(F)

                                 2



                              ORDER

Dated this the 7th day of May 2021

The petitioner is the accused in C.C.No.2312 of 2019 of the

Additional Chief Judicial Magistrate Court (Economic offence),

Ernakulam.

2. It is submitted that the case was posted on 16.03.2021,

on which date neither the petitioner nor the counsel could appear

on account of the wrong noting of the posting of the case. It

appears that on 16.03.2021, the court has issued a non bailable

warrant and has also cancelled the bail bonds of the petitioner and

steps under Sections 82 and 83 of the Code of Criminal Procedure

has been initiated.

3. The learned counsel for the petitioner submits that the

non appearance on 16.03.2021 was not willful and was occasioned

only on account of wrong noting of the posting date in the case

diary.

4. Considering the facts and circumstances of the case, this

petition will stand disposed of directing the non bailable warrant

issued against the petitioner shall be recalled on an application Crl.MC.No.2459 OF 2021(F)

made for the same and the petitioner shall be permitted to continue

on bail and on the same bail bonds which now stand cancelled.

The Crl.M.C will stand disposed of accordingly.

Sd/-

GOPINATH P.

JUDGE mpm Crl.MC.No.2459 OF 2021(F)

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A-1 PHOTO COPY OF THE FINAL REPORT IN CRIME NO. 54/2019 DATED 26-2-2019.

ANNEXURE A-2 CERTIFIED COPY OF THE PROCEEDINGS IN C.C NO. 2312/2019.