Mohammed Kabeer vs State Of Kerala
2022 Latest Caselaw 7520 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944


                      CRL.MC NO. 4076 OF 2022
   AGAINST THE ORDER/JUDGMENT IN CC 1614/2015 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS -I, ALUVA
PETITIONER:

            MOHAMMED KABEER
            AGED 40 YEARS
            S/O SIDHEEQUE,
            MANAKKAL AKATHOOT HOUSE,
            EDAYAPURAM KARA,
            NEAR MILLUPADI JUNCTION,
            ALUVA EAST VILLAGE,
            ERNAKULAM DISTRICT, PIN - 683101

            BY ADV R.MURALEEKRISHNAN


RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, KOCHI- 682031
    2       MAJEED
            S/O. BAVA, THOPPUKADAVIL HOUSE,
            EDAYAPURAM, ALUVA,
            ERNAKULAM - 683101


            ADV M P PRASHANT- SR PP


     THIS     CRIMINAL   MISC.    CASE    HAVING     COME    UP    FOR
ADMISSION     ON   24.06.2022,   THE    COURT   ON   THE    SAME   DAY
PASSED THE FOLLOWING:
 CRL.MC No.4076 OF 2022
                                         2




                    ZIYAD RAHMAN A.A., J.
            ===========================
                 CRL.MC. No.4076 OF 2022
            ============================
             Dated this the 24th day of June, 2022


                                       ORDER

The petitioner is the 1st accused in C.C.No.1614/2015 on the

file of Judicial First Class Magistrate Court-I, Aluva which is filed by

the 2nd respondent. The offences alleged against the petitioner

are under Sections 323, 324 r/w Section 34 I.P.C. The grievance of

the petitioner is that, there is a non-bailable warrant pending

against the petitioner. It is pointed out that, as the petitioner was

working abroad, he could not appear before the learned

Magistrate and seek bail. The petitioner submits that he is

prepared to surrender before the learned Magistrate and he prays

for a direction to the learned Magistrate to consider the bail

application on the date of surrender itself.

2. Considering the facts and circumstances of the case and

also taken into account of the fact that the calendar case is of the

year 2015, some indulgence can be shown.

Accordingly, this Crl.MC is disposed of directing the petitioner

to surrender before Judicial First Class Magistrate-I, Aluva within a

period of two weeks from today and submit an application for bail. CRL.MC No.4076 OF 2022

Upon such surrender and submission of application for bail, the

learned Magistrate shall take up the application and pass

appropriate orders thereon positively on the date of surrender

itself. To enable the petitioner to do so, execution of the warrant

shall be kept in abeyance for a period of two weeks or till the date

of surrender, whichever is earlier.

H/o.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE nk CRL.MC No.4076 OF 2022

APPENDIX OF CRL.MC 4076/2022

PETITIONER ANNEXURES

Annexure1 TRUE COPY OF THE ORDER OF DISMISSAL IN CRL M.C NO. 1118/2012 OF SESSIONS COURT, ERNAKULAM.

Annexure2 TRUE COPY OF THE PROTEST COMPLAINT IN C.C.NO.1614/2015 OF JFCM-I COURT, ALUVA.