Kerala High Court
Shameer @ Shami vs State Of Kerala on 23 March, 2023
CRL.MC NO. 2502 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 23RD DAY OF MARCH 2023 / 2ND CHAITHRA, 1945
CRL.MC NO. 2502 OF 2023
AGAINST THE ORDER/JUDGMENTSC 987/2019 OF ADDITIONAL SESSIONS COURT
(ADHOC) III, MANJERI
PETITIONER/S:
SHAMEER @ SHAMI
AGED 39 YEARS
S/O MOHAMMED ALI PARAMBAN, PARAMBAN HOUSE, KONOMPARA,
ATHIKARITHODI, DOWN HILL P.O, MALAPPURAM., PIN - 676519
BY ADVS.
T.K.AJITH KUMAR
AISWARYA RAMESAN
HARITHA HARIDAS
RAJESH BABU CHELAT
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682031
2 THE STATION HOUSE OFFICER
MALAPPURAM POLICE STATION, DOWN HILL P.O, MALAPPURAM DT.,
PIN - 676519
OTHER PRESENT:
SMT. SREEJA. V - PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.03.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2502 OF 2023
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BECHU KURIAN THOMAS, J.
========================
Crl.MC No.2502 of 2023
------------------------------------------------
Dated this the 23rd day of March, 2023
ORDER
Petitioner is the accused in S.C.No.987/2019 of Additional Sessions
Court (Fast Track-III), Manjeri, Malappuram District. It is alleged that, he
is employed abroad and that he had never received summons in the
aforementioned case. Despite having not been summons served, a non-
bailable warrant was issued and since due to Covid-19 pandemic, he was
stranded to Dubai and he could not appear before court. While so, the
passport issued to the petitioner was impounded, due to the pendency of
the criminal case.
2. As per the order of this Court in W.P.(C)No.5048/2023, an
emergency certificate was directed to be issued to the petitioner to
return back to India. Pursuant to the said direction, petitioner has now
come down to Kerala and is willing to appear before the Sessions Court.
However, he apprehends that since non-bailable warrant has been
issued, he would be remanded to custody if he appears before the
Magistrate .
3. This Court had observed that in several decisions that merely
because there is a non-bailable warrant pending against an accused, it is
not necessary that the accused should be remanded to custody on his
appearance. (see Oseela Abdul Khader and Another Vs. State of
Kerala and others [2012 4 KLT 535] . It is for the learned Magistrate to
CRL.MC NO. 2502 OF 2023
take a decision considering the entire circumstances.
4. Taking note of the submission of the learned Counsel that
petitioner is willing to surrender before the Sessions Court and seek bail
as well as apply for recalling of warrant, I am of the view that a direction
can be issued to consider such an application, if any, without further
delay.
Therefore, If the petitioner appears before the Additional Sessions
Court (Fast Track-III), Manjeri in S.C.No.987/2019 on or before
28.03.2023 and files appropriate application for recall of warrant as well
as for bail, the learned Sessions Judge shall consider and dispose of the
same without any further delay, preferably on the same day itself.
sd/
BECHU KURIAN THOMAS
JUDGE
jm/
CRL.MC NO. 2502 OF 2023
APPENDIX OF CRL.MC 2502/2023
PETITIONER ANNEXURES
Annexure-1 TRUE COPY OF THE CASE DETAILS IN S.C.NO.
987/2019 ON THE FILE OF ADDITIONAL DISTRICT AND
SESSIONS COURT (FAST TRACK-III), MANJERI.
Annexure-2 TRUE COPY OF THE ORDER NO.
DUBA/CONS/405/177/2021 DATED 16.2.2022.
Annexure-3 TRUE COPY OF CRL.MP.2474/2022 DATED 29.11.2022.
Annexure-4 TRUE COPY OF THE ORDER DATED 6.1.2023 OF THE
ADDITIONAL SECTIONS COURT- III, MANJERI IN
CRL.MP 2474/2022.
Annexure-5 TRUE COPY OF THE JUDGMENT DATED 22.2.2023 IN
WP(C) NO. 5048/2023.
Annexure-6 TRUE COPY OF THE CASE DETAILS IN S.C.522/2018
ON THE FILE OF ADDITIONAL DISTRICT AND SESSIONS
COURT (FAST TRACK-III), MANJERI.
