Arun vs State Of Kerala
2023 Latest Caselaw 9340 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     FRIDAY, THE 25TH DAY OF AUGUST 2023 / 3RD BHADRA, 1945
                     OP(CRL.) NO. 670 OF 2023
 CRIME NO.147/2015 OF KAYAMKULAM EXCISE RANGE OFFICE, ALAPPUZHA
   IN S.C.NO.340/2019 OF ASSISTANT SESSIONS COURT, ALAPPUZHA


PETITIONER/ACCUSED NO.4:

            ARUN
            AGED 33 YEARS
            S/O. ASHOKAN,
            CHIRAKKADAVAM, KAYAMKULAM,
            KAYAMKULAM P.O, ALAPPUZHA DISTRICT, PIN - 690502

            BY ADVS.
            M.G.SREEJITH
            P.JAYA
            SWAPNALEKHA K.T.
            VIDYAJITH M.
            BINCY JOSE
            ROJIN DEVASSY
            ANIL KUMAR P.T.


RESPONDENTS/STATE:

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

    2       THE EXCISE INSPECTOR
            EXCISE RANGE OFFICE, KAYAMKULAM,
            KAYAMKULAM P.O, ALAPPUZHA DISTRICT, PIN - 690502

            BY ADV.
            C.N.PRABHAKARAN
            PUBLIC PROSECUTOR
     THIS   OP   (CRIMINAL)     HAVING     COME   UP   FOR   ADMISSION   ON
25.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 O.P. (Crl.) No.670 of 2023

                                         2



                      BECHU KURIAN THOMAS, J.
                    ====================
                       O.P. (Crl.) No.670 of 2023
                   =====================
                  Dated this the 25th day of August, 2023


                                JUDGMENT

Petitioner is the 4th accused in S.C.No.340/2019 on the files of

the Assistant Sessions Court, Alappuzha. Due to non appearance of

the petitioner, a non bailable warrant has been issued, and petitioner

apprehends that, on his appearance, the Trial Court may remand him

before consideration of the application for recall of warrant and bail.

2. Having heard the learned counsel for the petitioner as well as

the learned Public Prosecutor, I am satisfied that, directions can be

issued to consider the applications for bail and for recall of warrant on

the same day of filing, provided petitioner appears on a particular

date.

3. In the above circumstances, there will be a direction to the

Assistant Sessions Court, Alappuzha, in S.C. No.340/2019 to consider

application for recall of warrant and for grant of bail on the same day

itself, provided petitioner appears and files such an application on or

before 04.09.2023. The non bailable warrant issued against the

petitioner shall be kept in abeyance till 04.09.2023.

Original petition is disposed.

Sd/-

BECHU KURIAN THOMAS JUDGE

jka/25.08.23.

O.P. (Crl.) No.670 of 2023

APPENDIX OF OP(CRL.) 670/2023

PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF CASE DETAILS OF SC NO.340/2019 IN THE FILES OF SUB COURT, ALAPPUZHA DOWNLOADED FROM E COURT PORTAL.

Exhibit-P2 TRUE COPY OF REPORT IN CRIME NO.147/2015 OF EXCISE RANGE OFFICE, KAYAMKULAM