A Chandran Pillai vs State Of Kerala
2023 Latest Caselaw 5613 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
              THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
      FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
                      BAIL APPL. NO. 3378 OF 2023
 AGAINST THE ORDER/JUDGMENT LPC 72/2009 OF JUDICIAL MAGISTRATE OF
                         FIRST CLASS, MATTANNUR
   CC 633/2007 OF JUDICIAL MAGISTRATE OF FIRST CLASS, MATTANNUR
PETITIONER/ACCUSED:

            A CHANDRAN PILLAI
            AGED 62 YEARS
            S/O AYYAPPAN, CHALIYANTE PARAMBIL VEEDU, ILLAMMOOLA,
            MATTANNOOR P.O., KANNUR DISTRICT, PIN - 670702.

            BY ADV R.DIVAKARAN


RESPONDENT/STATE:

            STATE OF KERALA
            REPRESENTED PUBLIC PROCECUTOR, HIGH COURT OF KERALA,
            KOCHIN, PIN - 682031.



            SMT.T.V. NEEMA, SR.PP.


     THIS   BAIL    APPLICATION   HAVING    COME   UP   FOR   ADMISSION   ON
12.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 BAIL APPL. NO. 3378 OF 2023                2




                             P.G. AJITHKUMAR, J.
                            -------------------------------
                              B.A.No. 3378 of 2023
               --------------------------------------------------------
                  Dated this the 12th day of May, 2023

                                    ORDER

Petitioner is the accused in C.C.No.633 of 2007 on the files of

the Judicial First Class Magistrate Court, Mattannur. Since the

petitioner did not turn up despite receipt of summons and he could

not be apprehended despite taking coercive steps, the said case was

transferred to the register of long pending cases. The case is now

pending as LPC No.72 of 2009 before the said Court.

2. The petitioner earlier filed B.A.No.6164 of 2017 before

this Court. As per order dated 30.8.2017, the petitioner was

permitted to surrender before the court below within 15 days from

the date of receipt of the said order and the court below was

directed to release him on bail on condition of depositing an amount

of Rs.5,000/- (Rupees Five Thousand Only) before the court below.

3. The petitioner did not appear before the court below in

terms of the said order. The learned counsel for the petitioner

would contend that since he failed to appear before the court below

in terms of the said order due to various ailments and he is prepared

to appear before the court below at any time.

4. The approach of the petitioner not to appear before the

court below for the last six years after obtaining the order dated

30.8.2017 from this Court cannot be appreciated at all. However,

the matter is pending trial before the court below and the detention

of the petitioner during the trial would not serve any material

purpose. Hence, I am of the view that the petitioner can be directed

to appear before the court below and in the event of such

appearance, to release him on bail on similar conditions as imposed

earlier.

Accordingly, this bail application is allowed. The petitioner

shall appear before the Judicial First Class Magistrate Court,

Mattannur on or before 25.5.2023. In the event of his appearance,

the learned Magistrate shall release him on bail on his deposing

Rs.20,000/- (Rupees twenty thousand only) before that court and

such other conditions as deem fit and appropriate by that court.

Sd/-

P.G. AJITHKUMAR, JUDGE Sru

APPENDIX OF BAIL APPL. 3378/2023

PETITIONER'S ANNEXURES

Annexure A1 THE TRUE COPY OF THE ORDER OF THE BAIL APPLICATION NO. 6164/2017 DATED 30.08.2017.