Sushil Kamar vs State Of Kerala
2023 Latest Caselaw 5709 Ker

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Crl MC 3547 of 2023

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                      THE HONOURABLE MR.JUSTICE C.S.DIAS
     TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                           CRL.MC NO. 3547 OF 2023
   CRIME NO.455/2011 OF Kuttipuram Police Station, Malappuram
       AGAINST THE ORDER/JUDGMENT IN CC 909/2015 OF JUDICIAL
           MAGISTRATE OF FIRST CLASS-I, TIRUR ,MALAPPURAM
PETITIONER/S:

             SUSHIL KAMAR
             AGED 40 YEARS
             S/O. KAMARUDHEEN, AYATH, PERUMATTEM, PUTHUPADI,
             VELLOORKUNNAM P.O., ERNAKULAM DISTRICT ., PIN -
             686673

             BY ADVS.
             SALIM V.S.
             A.M.FOUSI
             A.B.AJIN


RESPONDENT/S:

             STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM ., PIN - 682031
             BY ADV.PUSHPALATHA M.K, PUBLIC PROSECUTOR

      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl MC 3547 of 2023

                           C.S DIAS,J.
                       ---------------------------
                 Crl.M.C No.3547 of 2023
                      -----------------------------
             Dated this the 16th day of May, 2023

                              ORDER

The petition is filed under Section 482 of the Code

of Criminal Procedure to direct the Court of the Judicial

First Class Magistrate Court-I , Tirur, to consider and

dispose of the bail application that the petitioner

proposes to file in CC No.909 of 2015 on the date of

surrender itself.

2. The petitioner is the fifth accused in CC

No.909/2015 of the above Court, which is registered

against him for the offences punishable under Sections

379, 411 read with Sec.34 of the Indian Penal Code.

3. The petitioner contends that, his name did not

figure in Annexure-1 FIR. He was not questioned or

arrested during the investigation stage. Later,

Annexure A2 final report was filed against him with an

Crl MC 3547 of 2023

absconding charge-sheet. The petitioner was employed

in Gulf and he was unaware of the proceedings. It is

learnt that a non-bailable warrant has been issued

against him. The petitioner apprehends that he may be

remanded to judicial custody and his bail application

may not be considered on merits. Hence the Crl M.C.

4. Heard the learned counsel appearing for the

petitioner and the learned Public Prosecutor appearing

for the respondent/State.

5. Having considered the facts and circumstances

of the case and the materials on record, I am of the

view that the court below is to be directed to consider

the petitioner's bail application, if any moved, on the

date he surrender itself.

Resultantly, I direct the Court of the Judicial First

Class Magistrate Court-I, Tirur, to consider the bail

application, if any, filed by the petitioner in CC

No.909/2015 on the date the petitioner surrenders,

Crl MC 3547 of 2023

which shall be done within a period of ten days from

today. All coercive proceedings initiated against the

petitioner shall stand suspended till a decision is taken

on the bail application.

The Crl MC is ordered accordingly.

sd/-

sks/16.5.2023                                C.S.DIAS, JUDGE

Crl MC 3547 of 2023



                      APPENDIX OF CRL.MC 3547/2023

PETITIONER ANNEXURES

Annexure1               THE TRUE COPY OF THE FIR DATED 31.10.2011

IN CRIME NO.455/2011 OF KUTTIPPURAM POLICE STATION .

Annexure2 THE TRUE COPY OF THE FINAL REPORT DATED 08.10.2013 IN CRIME NO.455/2011 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT - I, TIRUR .