Namsheek vs State Of Kerala
2022 Latest Caselaw 6865 Ker

Crl.M.C.No.3753/22                   1



               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       CRL.MC NO. 3753 OF 2022
     AGAINST THE ORDER/JUDGMENT IN SC 625/2017 OF ADDITIONAL
                        DISTRICT COURT, TIRUR
PETITIONER/ACCUSED NO.19:

             NAMSHEEK,
             AGED 31 YEARS,
             S/O.KUNHIMUHAMMED,
             THEKKEYIL HOUSE, PUTHIYAKADAPPURAM,
             MALAPPURAM DISTRICT, PIN - 676 307.

             BY ADVS.
             M.MUHAMMED SHAFI
             T.RASINI
             AYISHA AFRIN A.V.K.



RESPONDENT/COMPLAINANT:

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

             ADV.C.S.HRITHIK-SR PP


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3753/22                    2




                               ORDER

The petitioner is the 19th accused in Crime No.503 of 2016 of

Tanur Police Station, which is now pending as S.C.No.625 of 2017

on the file of the Additional District and Sessions Court, Tirur. The

aforesaid case was registered against the petitioner and other

accused for the offences punishable under Sections 143, 147, 148,

324, 326, 307 read with Section 149 IPC.

2. The limited relief sought for by the petitioner in this

Crl.M.C. is an opportunity to surrender before the Sessions Court

and to submit an application for bail. He is also seeking a direction

to consider the bail application on the date of surrender itself.

3. It is contended that, even though the petitioner has

earlier appeared before the Sessions Court and was released on

bail, later in connection with the employment he left India.

Consequently, when the case was taken up on 11.03.2022, he could

not appear before the learned Sessions Judge and accordingly, a

non-bailable warrant was happened to be issued against him. This

Crl.M.C., with the prayer mentioned above, is submitted in such

circumstances. Considering the fact that the appearance of the

petitioner before the Sessions Court is absolutely necessary for

expediting the trial, I am inclined to show some indulgence by

granting an opportunity to the petitioner.

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

the petitioner to surrender before the learned Sessions Judge,

within a period of two weeks from today and submit an application

for bail. In the event of such surrender and submission of the bail

application, same shall be taken up and considered by the learned

Sessions Judge positively on the date of surrender itself, provided

the petitioner gives advance notice of the bail application to the

Public Prosecutor concerned. To facilitate the petitioner to do so,

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/14.6.22

APPENDIX OF CRL.MC 3753/2022

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE CHARGE ALONG WITH FIR IN CRIME NO. 503 OF 2016 OF TANUR POLICE STATION, MALAPPURAM

Annexure2 TRUE COPY OF THE PROCEEDINGS DATED 26-10-

2021 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E-

COURTS WEBSITE

Annexure A3 TRUE COPY OF THE PROCEEDINGS DATED 20-12-

2021 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E-

COURTS WEBSITE

Annexure A4 TRUE COPY OF THE PROCEEDINGS DATED 19-02-

2022 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E-

COURTS WEBSITE

Annexure A5 TRUE COPY OF THE PROCEEDINGS DATED 11-03-

2022 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E-

COURTS WEBSITE

Annexure A6 TRUE COPY OF THE PROCEEDINGS DATED 19-04-

2022 OF THE HON'BLE ADDITIONAL DISTRICT COURT, TIRUR AS EXTRACTED FROM THE E- COURTS WEBSITE