Midhun vs State Of Kerala
2022 Latest Caselaw 5389 Ker

Crl.M.C.No.3012/22                    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. 3012 OF 2022
  CRIME NO.614/2015 OF Hill Palace Police Station, Ernakulam
 AGAINST THE ORDER/JUDGMENT IN CC 2829/2015 OF JUDICIAL FIRST
                CLASS MAGISTRATE COURT, TRIPUNITHURA
PETITIONER:

               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 THE PUBLIC PROSECUTOR,
             HIGH COURT OF KERALA, ERNAKULAM, COCHIN, 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.3012/22                   2

                              ORDER

Petitioner is the accused in C.C.No.2829 of 2015 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 448, 452, 294(b), 506(ii) read with Section 34 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. In the meanwhile

cognizance was taken in the earlier crime and he could not 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 application for bail. In

the event of such surrender and submission of application for bail,

the same shall be taken up positively by the trial court 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 3012/2022

PETITIONER ANNEXURES

Annexure A1 TRUE COPY OF THE ORDER DATED 07/01/2022 OF IST ADDITIONAL SESSIONS COURT AT THRISSUR