Midhun vs State Of Kerala
2022 Latest Caselaw 5388 Ker

Crl.M.C.No.3017/22                   1




              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
                      CRL.MC NO. 3017 OF 2022
 CRIME NO.1218/2017 OF Hill Palace Police Station, Ernakulam
 AGAINST THE ORDER/JUDGMENT IN CC 1599/2017 OF JUDICIAL FIRST
                CLASS MAGISTRATE COURT, TRIPUNITHURA
PETITIONER/ACCUSED NO.3:

            MIDHUN,
            AGED 27 YEARS.
            S/O.KUNJAPPAN,
            PULLANADU HOUSE, HILL PALACE,
            TRIPUNITHURA, ERNAKULAM DISTRICT, PIN - 682 301.

            BY ADV P.A.MUJEEB



RESPONDENT/COMPLAINANT:

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


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.3017/22                   2



                             ORDER

Petitioner is the accused in C.C.No.1498 of 2017 on the file

of the Judicial First Class Magistrate Court-I, Tripunithura.

Aforesaid case is registered against the petitioner for the offences

punishable under Sections 341, 294(b), 323, 143, 147 read with

Section 149 IPC. In connection with aforesaid crime, the

petitioner was arrested and later released on bail.

2. Subsequently, he was arrested in connection with

another case numbered as Crime No.600 of 2021 of Aloor Police

Station and he was under judicial detention from 05.11.2021 to

07.01.2022. In the meanwhile, cognizance was taken in the

earlier crime and he could not to appear before the learned

Magistrate, which resulted in issuance of a non-bailable warrant

against the petitioner. Prayer sought for by the petitioner in this

Crl.M.C. is for a direction to the learned Magistrate to release the

petitioner on bail in the event of surrender.

3. Considering the facts and circumstances of the case

and also the reasons stated by the petitioner for his non

appearance, I am of the view that an opportunity can be granted

to the petitioner to surrender before the learned Magistrate. Such

an opportunity is also absolutely necessary for ensuring that the

trial of the case is conducted expeditiously.

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

directing the petitioner to surrender before the trial court within a

period of two weeks from today and submit an application for bail.

In the event of such surrender and submission of application for

bail, the same shall be taken up by the trial court positively on the

date of surrender itself, provided a notice in this regard is given to

the Public Prosecutor concerned, in advance.

This Crl.M.C. is disposed of as above.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE DG/20.5.22

APPENDIX OF CRL.MC 3017/2022

PETITIONER ANNEXURES

Annexure A1 THE TRUE COPY OF THE ORDER DATED 07/01/2022 IN CRL .M.P 37/2022 OF IST ADDITIONAL SESSIONS JUDGE AT THRISSUR