Favas Ahammed vs State Of Kerala
2022 Latest Caselaw 4455 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
         THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
 TUESDAY, THE 12TH DAY OF APRIL 2022 / 22ND CHAITHRA, 1944
                    CRL.MC NO. 2417 OF 2022
     AGAINST THE ORDER/JUDGMENT IN CP 28/2020 OF JUDICIAL
             MAGISTRATE OF FIRST CLASS -II, KOLLAM
  CRIME NO.1478/2018 OF KOLLAM EAST STATION POLICE STATION
PETITIONER/ACCUSED NO.6:

          FAVAS AHAMMED,
          AGED 24 YEARS,S/O JALAUDEEN,
          IJAS MANZIL, BHARATH NAGAR - 63 VADAKKEVILA P.O
          PALLIMUKKU, VADAKKEVILA S.O.,
          KOLLAM, PIN - 691010
          BY ADVS.
          C.S.SUMESH
          ARUN K.J.


RESPONDENT/STATE:

          STATE OF KERALA,
          REPRESENTED BY THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA - 682031

          SRI. PRASANTH. M.P.- PP.


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   12.04.2022,   THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 CRL.MC NO. 2417 OF 2022.
                                          -2-


                                         ORDER

The petitioner is the 6th accused in Crime

No.1478/2018 of Kollam East Police Station alleging

commission of offences under Sections 120 B,

143,144,147,148,341,324,302 r/w 149 of Indian Penal

Code. The final report has been filed before the

JFCM-II, Kollam and the same was numbered as

C.P.No.28/2020.

2. The Court below took congnizance of the case

and issued summons to the petitioner during the

committal proceedings after the police filed

absconding charge against him as is evident from

Annexure A1. The accused was issued summons as is

seen from Ext.A2 and the case stands posted to

05/05/2022. The petitioner apprehends every

likelihood of being remanded since the offence

alleged includes Section 302 IPC as well. The

petitioner who is currently employed abroad intends

to return to the country and to surrender before the

jurisdictional court. Since, a look out notice is CRL.MC NO. 2417 OF 2022.

issued against the petitioner, the petitioner

apprehends that he will be arrested upon his arrival

itself.

3. Heard the learned counsel for the petitioner

as well as the learned Public Prosecutor.

4. Taking into account, the facts and

circumstances of the case and the petitioner

expressing his willingness to surrender to the

process of law, I deem it appropriate to grant three

weeks time to the petitioner to surrender before the

jurisdictional court, namely, Judicial First Class

Magistrate Court-II, Kollam and with a further

direction to consider the application that may be

submitted by the petitioner on the same day of his

surrender.

It is also directed that till his surrender and

consideration of bail application by the court

below, all further coercive steps against the

petitioner will be kept in abeyance. Needless to CRL.MC NO. 2417 OF 2022.

state that if the petitioner defaults any of the

above, he would lose benefit of this order and the

proceedings initiated as per the look out notice

will be taken to its logical end.

Sd/-

MOHAMMED NIAS C.P.

JUDGE msp CRL.MC NO. 2417 OF 2022.

APPENDIX OF CRL.MC 2417/2022

PETITIONER ANNEXURES Annexure A1 RELEVANT PAGES OF THE CHARGE FILED IN CRIME NO.1478/2018 OF KOLLAM EAST POLICE STATION Annexure A2 SUMMONS ISSUED BY THE JFMC-II, KOLLAM IN CP NO.28/2020 WHICH AROSE OUT OF CRIME NO.1478/2018 OF KOLLAM EAST STATION POLICE STATION DATED 22/02/2022