Vishnu Vazhoor Lall vs 1. State Of Kerala Represented By ...
2022 Latest Caselaw 9747 Ker

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  FRIDAY, THE 26TH DAY OF AUGUST 2022 / 4TH BHADRA, 1944
                   CRL.MC NO. 5889 OF 2022
    AGAINST THE ORDER/JUDGMENTLPR 82/2015 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS II KODUNGALLUR
   LPR 82/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS II
                         KODUNGALLUR
PETITIONER/S:

           VISHNU VAZHOOR LALL
           AGED 32 YEARS
           S/O LALL.V.R, VAZHOOR HOUSE
           P.VEMBALLUR P.O, KODUNGALLUR,
           THRISSUR DISTRICT,
           , PIN - 680671
           BY ADVS.
           MAYA M.
           V.M.KRISHNAKUMAR

RESPONDENT/S:

    1      1. STATE OF KERALA REPRESENTED BY PUBLIC
           PROSECUTOR
           HIGH COURT OF KERALA.
           ERNAKULAM.
           , PIN - 682031
    2      THE STATION HOME OFFICER
           POLICE STATION, MATHILAKAM P.O.
           THRISSUR DISTRICT.
           , PIN - 680685
           ADV SREEJA V -PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26.08.2022, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Crl.M.C. No.5889/2022
                                :2 :




                          JUDGMENT

Dated this the 26th day of August, 2022

The petitioner is the accused for offences punishable under

Sections 279 and 304A of the Indian Penal Code and the

prosecution against him is now pending as C.C. No.2134/2013

before the Judicial First Class Magistrate's Court, Kodungallur.

The aforesaid crime was registered in respect of an accident

occurred on 05.01.2013, in which the motor cycle driven by the

petitioner hit a woman, and she died due to the injuries sustained.

As the petitioner was working in Bahrain, he could not appear

before the court and accordingly, the same was included in the

Long Pending Register as L.P. R. No.82/2015.

2. In the mean time, the validity of the passport of the

petitioner expired and he approached this Court by filing Crl.M.C.

No.6572/2021, seeking permission for renewal of the passport.

The aforesaid Crl.M.C. was disposed of as per Annexure II order

wherein, a direction was issued by this Court, to the Attache

(Consular), Embassy of India, to issue emergency travel Crl.M.C. No.5889/2022

documents to the petitioner so as to enable him to reach India

and to concede to the jurisdiction of the criminal court wherein the

criminal case is pending.

3. On the basis of the aforesaid order, the petitioner was

issued with the emergency travel documents and he intends to

come back to India on the strength of the same. Now this

Crl.M.C. is filed on the apprehension that, upon reaching India he

is likely to be arrested and detained in custody, as the non

bailable warrant issued in the said case is pending against him.

The petitioner expresses his willingness to surrender before the

court immediately upon reaching his native place and he seeks

for consideration of the bail application to be submitted by the

court concerned on the date of surrender itself, by the learned

Magistrate.

4. Heard Sri. V.M. Krishnakumar, the learned counsel

appearing for the petitioner and Smt. Sreeja V., the learned

Senior Public Prosecutor for the State.

5. Considering the fact that, the petitioner has expressed

his intention to surrender before the court, so as to continue the

trial of the same, I am of the view that an opportunity can be Crl.M.C. No.5889/2022

granted to the petitioner. This Court has already shown

indulgence in the case of the petitioner by issuing necessary

directions to the authorities concerned to issue emergency travel

documents to facilitate him to appear before the Court.

In such circumstances, this Crl.M.C. is disposed of. The

petitioner is directed to surrender before the Judicial First Class

Magistrate's Court, Kodungallur on or before 15.09.2022 and file

necessary application for bail. In the event of such surrender and

submission of application, the same shall be considered by the

learned Magistrate positively on the date of surrender itself

provided the petitioner gives prior notice to the Public Prosecutor

concerned. To facilitate the petitioner to do so, the execution of

non bailable warrant shall be kept in abeyance until 15.09.2022 or

till the date of surrender, whichever is earlier.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE ncd Crl.M.C. No.5889/2022

APPENDIX OF CRL.MC 5889/2022

PETITIONER ANNEXURES Annexure I TRUE COPY OF THE RELEVANT PAGE OF THE PASSPORT OF THE PETITIONER Annexure II TRUE COPY OF THE ORDER IN CRL.M.C.NO.6572/2021 DATED 22.12.2021