Shamnad Salim vs State Of Kerala
2024 Latest Caselaw 9671 Ker

Kerala High Court

Shamnad Salim vs State Of Kerala on 4 April, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
     THURSDAY, THE 4TH DAY OF APRIL 2024 / 15TH CHAITHRA, 1946
                      CRL.MC NO. 3243 OF 2024
     CRIME NO.1283/2018 OF Ponkunnam Police Station, Kottayam
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.109 OF 2020 OF JUDICIAL
MAGISTRATE OF FIRST CLASS -II, KANJIRAPPALLY
PETITIONER/ACCUSED:

          SHAMNAD SALIM
          AGED 41 YEARS
          SAJU MANZIL, MANGAMKUZHI , NOORANADU P O ,
          MAVELIKKARA , ALAPPUZHA DISTRICT, PIN - 690558
          BY ADVS.
          M.T.SURESHKUMAR
          MANJUSHA K
          SREELAKSHMI SABU


RESPONDENT:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031
OTHER PRESENT:

          SRI. M.C. ASHI (PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.04.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3243 OF 2024
                                      2

                   BECHU KURIAN THOMAS, J.
                   -----------------------------------------
                     Crl.M.C. No. 3243 of 2024
                    ----------------------------------------
                Dated this the 4th day of April, 2024


                                 ORDER

Petitioner is the sole accused in C.C.No.109/2020 on the

files of the Judicial First Class Magistrate Court-II, Kanjirappally.

The offences alleged against them are under Sections 406 and 420

of the Indian Penal Code, 1860.

2. Due to the non-appearance of the petitioner, non bailable

warrant has been issued against him. Even though petitioner is

willing to appear and participate in the trial, petitioner apprehend

that he will be remanded to custody.

3. Having heard the learned counsel for the petitioner and

the learned Public Prosecutor, I am of the view that this Crl.M.C.

can be disposed of with a direction.

4. Since petitioner has expressed his willingness to

participate in the trial, there will be a direction to the Judicial First

Class Magistrate Court-II, Kanjirappally to consider the application

for recall of warrant and for grant of bail, if any, filed by the

petitioner in C.C.No.109/2020, on the same day itself, provided

such application is filed within 15 days from today. CRL.MC NO. 3243 OF 2024

5. To enable the petitioner to appear before the Magistrate as

directed, the non-bailable warrants issued against the petitioner

shall be kept in abeyance for a period of 15 days from today.

The Crl.M.C. is disposed of.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 3243 OF 2024

PETITIONER ANNEXURES Annexure A1 TRUE COPY OF THE FIR AND FIS IN CRIME NO.1283 OF 2018 DATED 10-10-2018 Annexure A2 TRUE COPY OF THE FINAL REPORT DATED 19-12-2019 IN CRIME NO. 1283 OF 2018 TRUE COPY