Irfan vs State Of Kerala
2023 Latest Caselaw 5302 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
     TUESDAY, THE 25TH DAY OF APRIL 2023 / 5TH VAISAKHA, 1945
                        CRL.MC NO. 3449 OF 2023
AGAINST THE ORDER/JUDGMENT IN CP 9/2023 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS I, PERUMBAVOOR
PETITIONER:

          IRFAN,
          AGED 26 YEARS
          S/O.ABDUL RAHMAN, THEKKEMOLATH HOUSE, MUDICKAL P.O,
          PERUMBAVOOR, ERNAKULAM DISTRICT., PIN - 683542
          BY ADVS.
          SALIM V.S.
          A.M.FOUSI
          A.B.AJIN
RESPONDENT:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
          SMT.MAYA M.N., PUBLIC PROSECUTOR
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO.3449 OF 2023

                                      2




                                  ORDER

Dated this the 25th day of April, 2023

The petitioner is the 2nd accused in C.P. No.9/2023 on the files of

Judicial First Class Magistrate Court-I, Perumbavoor. The aforesaid

case arises from Crime No.2255/2021 of Perumbavoor Police Station

which was registered for the offences punishable under Sections 143,

147, 341, 324, 308 and 149 of the Indian Penal Code. Altogether,

there were 7 accused persons in the said case. The final report was

submitted in this case showing the petitioner as absconding.

2. According to the petitioner, as he was working abroad, he was

not aware of the aforesaid criminal proceedings. Now, the petitioner

came to know about the criminal proceedings very recently and the

petitioner expresses his willingness to surrender before the learned

Magistrate and to contest the matter. However, the apprehension of

the petitioner is that, since there is already a non bailable warrant

issued against the petitioner, he is likely to be detained in the event of

such surrender. This Crl.M.C is filed in such circumstances. CRL.MC NO.3449 OF 2023

3. Heard Sri.Salim V.S., the learned counsel appearing for the

petitioner and Smt.Maya M.N., the learned Public Prosecutor for the

State.

4. It is true that the petitioner was absconding all along. However,

the fact remains that the matter is now pending in committal

proceedings before the jurisdictional court. Therefore, to expedite the

proceedings, the appearance of the petitioner is absolutely necessary.

Therefore, I am of the view that, the petitioner can be granted an

opportunity to surrender before the jurisdictional court so as to enable

him to participate in the trial to be conducted.

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

petitioner to surrender before the Judicial First Class Magistrate

Court-I, Perumbavoor within a period of two weeks from today and

submit necessary applications for bail and to recall the non bailable

warrant. In the event of such surrender and submission of

applications, the same shall be considered by the learned Magistrate

positively on the date of surrender itself. To enable the petitioner to do

so, the execution of non bailable warrant pending against the CRL.MC NO.3449 OF 2023

petitioner/accused No.2 shall be kept in abeyance for a period of two

weeks or till the date of surrender, whichever is earlier.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE NP CRL.MC NO.3449 OF 2023

APPENDIX OF CRL.MC 3449/2023

PETITIONER'S ANNEXURES Annexure 1 TRUE COPY OF THE FIR DATED 8.12.2021 IN CRIME NO.2255/2021 OF PERUMBAVOOR POLICE STATION Annexure 2 TRUE COPY OF THE FLIGHT TICKET ISSUED BY QATAR AIRWAYS ON 02.12.2022 RESPONDENT'S ANNEXURES: NIL