Nishad vs State Of Kerala
2023 Latest Caselaw 7617 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
   FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                      CRL.MC NO. 5632 OF 2023
         AGAINST THE ORDER/JUDGMENT IN CC NO.928/2019 OF
        JUDICIAL MAGISTRATE OF FIRST CLASS -II, CHERTHALA

PETITIONER/ACCUSED:

           NISHAD
           AGED 28 YEARS
           S/O MOIDEEN KOYA
           KUNNATH HOUSE, POOLAKUNNU,
           KARUVARAKUNDU P.O.,
           MALAPPURAM DISTRICT, PIN - 676522

           BY ADV C.DINESH


RESPONDENTS/ COMPLAINANT AND STATE:

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

    2      STATION HOUSE OFFICER
           ARROOR POLICE STATION,
           ALAPPUZHA ., PIN - 688534

           SMT.T.V NEEMA SR PP

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 14.07.2023, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 Crl.M.C.No. 5632/2023

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                             ORDER

Dated this the 14th day of July, 2023

The petitioner is the accused in C.C.No.928/2019 on the

files of Judicial First Class Magistrate Court-II, Cherthala (for

short, 'the court below').

2. The offences alleged against the petitioner are

punishable under Sections 279, 337, 338 and 304-A of the

IPC. The petitioner was released on bail. However, later on, he

failed to appear before the court below and non bailable

warrant was issued, which is still pending. Notice to sureties

also was issued.

3. The learned counsel for the petitioner submitted

that in the incident pertaining to the crime, his mother and

brother died and he was under mental strain and hence, he

was taken to Jeddah by his relatives for support and change. It

was in these circumstances, he could not appear before the

court below. The counsel further submits that the petitioner

has come down to India and he is prepared to surrender Crl.M.C.No. 5632/2023

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before the court below and co-operate with the trial. In these

circumstances, this Crl.M.C. is disposed of as follows:

(i) The petitioner shall appear before the court below

within seven days from today and offer bail. The court below

shall grant bail to the petitioner on such conditions that it

deems fit to impose upon.

(ii) The petitioner shall hereafter regularly appear

before the court below and co-operate with the trial.

Sd/-

DR. KAUSER EDAPPAGATH JUDGE APA Crl.M.C.No. 5632/2023

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APPENDIX OF CRL.MC 5632/2023

PETITIONER'S ANNEXURES

Annexure 1 TRUE COPY OF THE F.I.R.CRIME NO.406 OF 2019 DATED 11.4.2019 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT - II, CHERTHALA

Annexure 2 TRUE COPY OF THE FINAL REPORT DATED 18.6.2019 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE - II, CHERTHALA BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHERTHALA