Vipul Sankar vs State Of Kerala
2022 Latest Caselaw 5471 Ker

            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. 3101 OF 2022
   [CRIME NO.715/2015 OF Nadakkavu Police Station, Kozhikode
       LP 256/2019 OF JUDICIAL MAGISTRATE OF FIRST CLASS -IV,
                           KOZHIKODE]
PETITIONER/1ST ACCUSED:

          VIPUL SANKAR
          AGED 41 YEARS
          S/O.VENUGOPAL, AGED 41 YEARS,
          RESIDING AT PINNANATH HOUSE,
          THAMPI ROAD,BEYPORE,KOZHIKODE
           PIN - 673015

          BY ADV.
          A.CHANDRA BABU




RESPONDENT/S:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
          KERALA, PIN - 682031

          SRI.C.S.HRITHWIK, SR.PP


     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.3101 of 2022               2

                        ZIYAD RAHMAN A.A, J.
                       -----------------------
                       Crl.M.C.No.3101 of 2022
                      ------------------------
                Dated this the 20th day of May, 2022

                               O R D E R

The petitioner has approached this Court

seeking for a direction to the Judicial First Class

Magistrate Court-IV, Kozhikode to consider the bail

application to be filed by the petitioner

positively in L.P.No.256/2019 in C.C.No.214/2019 on

the file of that court.

2. The petitioner is the 1st accused in Crime

No.715/2015 of Nadakkavu Police Station which is

now pending as L.P.No.256/2019. It is highlighted

in the Crl.M.C. that the petitioner had in fact

participated in the trial and all the witnesses

were examined in his presence. However, when the

case was posted for his examination under Section

313 Cr.PC, he could not appear before the court and

consequently a non-bailable warrant was happened to

be issued against him. The case against the

petitioner was split up and the other accused was

acquitted by the trial court. Now the limited

prayer sought for by the petitioner is for an

opportunity to surrender before the court below and to

seek bail.

Considering the fact that, the petitioner had

participated in the trial until the prosecution

evidence is closed, I think, some indulgence can be

shown in favour of the petitioner. In such

circumstances, Crl.M.C. is disposed of directing the

petitioner to surrender before the Judicial First Class

Magistrate Court-IV, Kozhikode within a period of four

weeks from today and submit an application for bail.

Upon such surrender and submission of application for

bail, the same shall be positively considered by the

learned Magistrate on the date of his surrender itself.

In order to facilitate the petitioner to do so, the

execution of warrant issued against the petitioner

shall be kept in abeyance for a period of six weeks

from today.

Sd/-

pkk ZIYAD RAHMAN A.A., JUDGE

APPENDIX OF CRL.MC 3101/2022

PETITIONER'S ANNEXURE:

Annexure A TRUE COPY OF THE JUDGMENT DATED 6.07.2019 IN C.C 1056/2015 PASSED BY THE JFMC-IV, KOZHIKODE.