Swamy @Sundaran vs State Of Kerala
2021 Latest Caselaw 12584 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
         THURSDAY, THE 27TH DAY OF MAY 2021 / 6TH JYAISHTA, 1943
                         CRL.MC NO. 1856 OF 2021
    AGAINST THE ORDER/JUDGEMENT IN CC 263/2019 OF CHIEF JUDICIAL
                      MAGISTRATE ,THRISSUR, THRISSUR
PETITIONER/ACCUSED NO 3:

             SWAMY @SUNDARAN
0




             AGED 54 YEARS
             S/O PALLIYAN, ARAMPILLY HOUSE, CHEMMANUR, DESOM,
             KUNNAMKULAM-680 503.

             BY ADV M.R.SASITH



RESPONDENTS/STATE:

     1       STATE OF KERALA
             REPRESENTED THROUGH THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031.
     2       SUB INSPECTOR OF POLICE,
             THRISSUR WEST POLICE STATION, THRISSUR-680 004.


OTHER PRESENT:

             PP SRI.E.C BINEESH



THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.05.2021,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 1856 OF 2021
                                 2

                             ORDER

Dated this the 27th day of May 2021

The petitioner herein stands arrayed as accused No.3 in

Crime No.961 of 2014 of Thrissur West Police Station,

Thrissur for offences punishable under Sections 365, 468,

506 and 323 read with Section 34 of IPC. After investigation,

final report was laid and cognizance was taken. Accused Nos.

1 and 2 faced trial in C.C. No.828 of 2014. Accused No.1 was

convicted and accused No.2 was acquitted. The petitioner

remained absent and the case was split up. It is now pending

as C.C. No.263/2019 of Chief Judicial First Class Magistrate

Court, Thrissur.

2. The petitioner contending that he could not appear

before the court below due to reasons beyond his control,

now submits that he is ready and willing to appear before the

court below, to participate in legal proceedings and to be

present on all future posting dates either physically or

through the counsel. Having considered this submission which CRL.MC NO. 1856 OF 2021

is recorded, I am inclined to permit the petitioner herein to

surrender before the court below and to file applications for

recalling warrant and to release him on bail.

3. It seems that there are justifiable grounds on the

part of the petitioner in remaining absent though he has

voluntarily caused delay in the legal proceedings. For that, I

am inclined to impose a cost on the petitioner of Rs.3,000/-

(Rupees Three thousand only) to be deposited before the

court below.

4. Accordingly, the Crl.M.C. is allowed and the

petitioner is permitted to surrender before the court below

and to file applications for recalling warrant and also for bail.

The petitioner shall deposit a sum of Rs.3,000/- (Rupees

Three thousand only) before the Chief Judicial First Class

Magistrate Court, Thrissur as cost. The receipt evidencing

deposit of the cost shall be produced the before court below.

The court below shall take up the application on the same day

of filing and pass appropriate orders on the applications on CRL.MC NO. 1856 OF 2021

same day, considering the fact that the purpose of issuing the

warrant is to ensure the presence of the accused and by

surrendering of the accused, the purpose will served.

Having considered this, the Crl.M.C. will stand allowed

and the warrant issued to the petitioner will be kept in

abeyance till his actual appearance before the court below.

Sd/-

SUNIL THOMAS, JUDGE

SKP/28-5 CRL.MC NO. 1856 OF 2021

APPENDIX OF CRL.MC 1856/2021 PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO 961/2014 IN THRISSUR WEST POLICE STATION

ANNEXURE A2 TRUE COPY OF JUDGMENT DATED 22.11.2019 IN CC NO 828/2014 OF THE CHIEF JUDICIAL FIRST CLASS MAGISTRATE, THRISSUR

RESPONDENTS EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE