Kerala High Court
Mandha Pradhan vs State Of Kerala on 30 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 30TH DAY OF DECEMBER 2022 / 9TH POUSHA, 1944
CRL.MC NO. 9662 OF 2022
AGAINST THE ORDER/JUDGMENT LP 95/2018 OF I ADDITIONAL DISTRICT
COURT, TRIVANDRUM
PETITIONERS/ACCUSED No.1 & 2:
1 MANDHA PRADHAN
AGED 29 YEARS,
S/O ALOK KUMAR PRADHAN, SYAMSUNDERPUR VILLAGE,
SABANG TALUK, PASHCHIM MEDINIPUR DISTRICT,
WEST BENGAL, PIN - 713 141
2 SUSANTHA BERA
AGED 28 YEARS,
S/O MADHAN BERA, DUBRAJPUR VILLAGE, SABANG TALUK,
PASHCHIM MEDINIPUR DISTRICT, WEST BENGAL,
PIN - 731 123
BY ADVS.
K.MOHAMMED RAFEEQ
SANALDEV E.P.
AMARNATH R LAL
VISHNUMAYA ANANDAN
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682 031
2 STATION HOUSE OFFICER
THUMBA POLICE STATION,
THIRUVANANTHAPURAM DISTRICT, PIN - 695 583
BY ADV PUBLIC PROSECUTOR
Crl.MC No. 9662 of 2022 2
OTHER PRESENT:
SMT.SEENA.C -PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC No. 9662 of 2022 3
P.V.KUNHIKRISHNAN, J
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Crl.MC No. 9662 of 2022
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Dated this the 30th day of December,2022
ORDER
The petitioners are the accused in Crime No.317/2015 of Thumba
Police Station. The above case is registered against the petitioners alleging
offence punishable under Section 20(b)(ii)(B) of the Narcotics Drugs and
Psychotropic Substances Act,1985.
2. The prosecution case is that, petitioners are migrant laborers
staying in labour camps and on 08.05.2015, at about 09:45 AM, they were
found in possession of 1.200Kg of Ganja. The petitioners were enlarged
on bail by the trial court. Subsequently, the petitioners went back to their
home town at West Bengal.
3. It is the case of the petitioners that they were not served with
any summons and now the case is included in the LP register and warrant
is also pending with Sections 82 and 83 of the Code of Criminal Procedure.
The petitioners submit that they are ready to surrender before the Court
concerned and their apprehension is that, if they surrender, their bail
application may not be considered on same day. Therefore, this Crl.MC is
filed.
4. Heard the learned counsel for the petitioners and the learned
Public Prosecutor.
5. After hearing both sides, I think this Crl.MC is disposed of
allowing the petitioners to surrender before the trial court and there can be
a direction to consider the bail application on the date of surrender itself.
Therefore, the Crl.MC is disposed of with the following directions;
(i) The petitioners are free to surrender before the trial
court within three weeks.
(iii)At the time of surrender, petitioners are free to file a
bail application with advance copy to the prosecutor
concerned.
(ii)If such an application is received, the trial court will
consider the bail application on the date of surrender
itself and pass appropriate orders in accordance with law.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
AMR
APPENDIX OF CRL.MC 9662/2022
PETITIONER'S ANNEXURES
Annexure 1 TRUE COPY OF FIRST INFORMATION REPORT IN
CRIME NO. 317/2015 OF THUMBA POLICE
STATION
Annexure 2 TRUE COPY OF THE FIRST INFORMATION
STATEMENT DATED 08.05.2015 IN CRIME NO.
317/2015 OF THUMBA POLICE STATION
Annexure 3 TRUE COPY OF THE BAIL ORDER DATED
05.10.2015 IN BA NO. 5490/2015 ON THE FILE
OF THIS HONORABLE COURT
Annexure 4 TRUE COPY OF THE E-COURT EXTRACTION DATED
/2015 ON THE FILE OF HONORABLE
ADDITIONAL DISTRICT AND SESSIONS COURT-1,
THIRUVANANTHAPURAM.
