Pushkaran.M.C vs State Of Kerala
2022 Latest Caselaw 5888 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
          THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
    TUESDAY, THE 31ST DAY OF MAY 2022 / 10TH JYAISHTA, 1944
                    CRL.MC NO. 3140 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1519/2015 OF JMFC, KALAMASSERY
                          (TEMPORARY)
PETITIONER/S:

    1     PUSHKARAN.M.C.
          AGED 38 YEARS
          S/O. CHOTHI,
          MOOLEKKATTIL HOUSE, NAD P.O., ALUVA,
          ERNAKULAM DISTRICT
          , PIN - 683563
    2     RAJEEVAN.P.T.
          AGED 39 YEARS
          S/O THANKAPPAN P.P., 676,
          PUTHUVAMOOLA, THRIKKAKARA NORTH (PART)
          ERNAKULAM, VADAKODE
          , PIN - 682021
    3     PURUSHOTHAMAN.T.C.
          AGED 45 YEARS
          S/O CHOTHI
          MOOLEKKATTIL VEEDU, THANTHONIMUGAL
          NAD P.O , ALUVA EAST, ALUVA,
          ERNAKULAM DISTRICT
          , PIN - 683563
          BY ADVS.
          DINESH MATHEW J.MURICKEN
          K.A.ABHILASH


RESPONDENT/S:

          STATE OF KERALA
          REPRESENTED BY THE STATION HOUSE OFFICER,
          ELOOR POLICE STATION, THROUGH THE PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM
          , PIN - 682031
          BY ADV. VIPIN NARAYAN - PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
31.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No. 3140 of 2022         -2-




                           JUDGMENT

Dated this the 31st day of May, 2022

The petitioners are the accused Nos. 1 to 3 in C. C. No. 1519 of

2015 of the Judicial First Class Magistrate Court, Kalamassery which

arises from Crime No. 177 of 2015 of Eloor Police Station.

2. It is submitted by the learned counsel for the petitioners that

the learned Magistrate has issued a non-bailable warrant against the

petitioners and the same is pending execution.

3. It is further submitted that the petitioners are ready and

willing to surrender before the court and face the trial, but their only

apprehension is that in the event of surrender, they are likely to be

remanded in jail. It is pointed out that the non-appearance of the

petitioners before the learned Magistrate is not at all willful and it was

due to the situation prevailing due to the Covid - 19 pandemic.

4. Considering the facts and circumstances of the case, I am of

the view that the petitioners can be granted one opportunity to

surrender before the Court, so as to enable the learned Magistrate to

expedite the trial.

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

the petitioners to surrender before the learned Magistrate within a

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

In the event of such surrender and submission of application, the

same shall be considered by the learned Magistrate positively and

appropriate orders thereon shall be issued on the date of surrender

itself. To facilitate the petitioners to do so, the execution of non-

bailable warrant pending against the petitioners are kept in abeyance

for a period of three weeks from today or till the date of their

surrender, whichever is earlier.

Sd/-

ZIYAD RAHMAN A. A.

JUDGE

Eb ///TRUE COPY/// P. A. TO JUDGE

APPENDIX OF CRL.MC 3140/2022

PETITIONER ANNEXURES Annexure A1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.1519/2015 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KALAMASSERY ARISING OUT OF CRIME NO.177 OF 2015 OF ELOOR POLICE STATION DATED 03.06.2015 Annexure A2 CERTIFIED COPY OF THE FIRST INFORMATION REPORT IN CRIME NO.178 OF 2015 OF ELOOR POLICE STATION DATED 16.03.2015