Hamza P M vs State Of Kerala
2022 Latest Caselaw 6332 Ker

Crl.M.C.No.3488/22                      1


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                      CRL.MC NO. 3488 OF 2022
CRIME NO.164/2015 OF Kunnathunadu Police Station, Ernakulam
     AGAINST THE ORDER/JUDGMENT IN LP 50/2017 OF JUDICIAL
              MAGISTRATE OF FIRST CLASS ,KOLENCHERRY
PETITIONER/ACCUSED:

            HAMZA P.S.,
            AGED 46 YEARS,
            S/O.MUSTHAFA P.K, AGE 46, PADINJAREKUDI,
            VALAYANCHIRANGARA P.O, KUNNATHUNADU,
            ERNAKULAM DISTRICT, PIN - 683 556.

            BY ADVS.
            K.S.ARUN KUMAR
            VIJAY SANKAR V.H.
            AMRUTHA K P
            AMRUTHA P S



RESPONDENT/COMPLAINANT:

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


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   03.06.2022,     THE   COURT   ON   THE   SAME   DAY   PASSED   THE
FOLLOWING:
 Crl.M.C.No.3488/22                               2




                                   ORDER

The petitioner, who is the accused in Crime No.164 of 2015

of Kunnathunadu Police Station, Ernakulam which is now

pending as L.P.No.50 of 2017 before the Judicial First Class

Magistrate Court, Kolanchery, has approached this Court with

this Crl.M.C praying for an order directing the learned

Magistrate to consider and dispose of the bail application to be

submitted on the date of surrender itself.

2. The petitioner is implicated as accused in the

aforesaid crime for the offences punishable under Sections 465,

471 and 420 IPC and also under the Provisions of Section 148,

read with 177, Section 56 read with 192, Section 146 read with

116 of Motor Vehicles Act. Even though the petitioner appeared

before the learned Magistrate and released on bail, later as he

was working abroad, he could not appear and it resulted in

issuance of non bailable warrant against the petitioner.

3. In this Crl.M.C the petitioner expressed his

willingness to surrender before the court and to seek bail.

Considering the facts and circumstances of the case, I am

inclined to show some indulgence. This is particularly because,

the crime is of the year 2015 and in order to expedite the trial, it

is only appropriate that the petitioner be granted an opportunity

to participate in the trial.

4. In such circumstances, petitioner is directed to

surrender before the learned Magistrate within a period of two

weeks form today and to submit an application for bail. Upon

such surrender and submission of application, same shall be

considered by the learned Magistrate, positively on the date of

surrender itself provided the petitioner gives prior notice of the

application to the learned Public Prosecutor concerned. In

order to facilitate the petitioner to do so, the execution of non-

bailable warrant shall be kept in abeyance for a period of two

weeks or till the date of surrender whichever is earlier.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/4.6.22