Kerala High Court
Ravi vs State Of Kerala on 6 February, 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
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
OP(CRL.) NO. 110 OF 2024
CRIME NO.0/0 OF ,
AGAINST THE ORDER/JUDGMENT CC 540/2015 OF JUDICIAL MAGISTRATE
OF FIRST CLASS -II, ALUVA
PETITIONER/1ST ACCUSED :
RAVI, AGED 57 YEARS
MANNARAMBATH HOUSE,
MAMANGALAM, PALARIVATTOM P.O,
ERNAKULAM., PIN - 682 025.
BY ADVS.
ASHIK K.MOHAMED ALI
VISHNU V. NAIR
MUHAMMED RIFA P.M.
GAYATHRI ASHISH NAIR
NAZRIYA NOUSHAD
RESPONDENT/STATE & COMPLAINANT :
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM., PIN - 682 031.
2 PRADEEP, AGED 56 YEARS
S/O RAJAN, VAATHISSERY PARAMBU (POLEPARAMBIL),
MANIMALA ROAD, CHUTTUPADU KARA,
EDAPPALLY, ERNAKULAM - 682 024.
SMT. SREEJA V. (PP)
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) 110/2024
2
BECHU KURIAN THOMAS, J
......................................................
O.P.(Crl.).No.110 of 2024
...................................................
Dated this the 6th day of February, 2024
JUDGMENT
Though the petitioner challenges the proceedings dated
29.01.2024 in C.C.No.540/2015 on the files of the Judicial First
Class Magistrate Court-II, Aluva, during the course of
arguments, the learned counsel confines his relief to a direction
to consider his application for recall of warrant and for bail on
the same day of filing itself.
2. Petitioner is the first accused in C.C.No.540/2015 on the files of
the Judicial First Class Magistrate Court-II, Aluva. According to
the petitioner, though he has been appearing before the trial
court without fail on most of the postings, the learned
Magistrate has issued a non bailable warrant after cancelling
the bail bond of the petitioner by proceedings dated 29.01.2024
merely for non-appearance on three posting dates. However, it
was submitted that petitioner will appear before the court and
OP(CRL.) 110/2024
seek recall of the warrant and apply for bail, and unless it is
directed to be considered on the same day itself, it is
apprehended that the accused may be remanded to custody.
3. Having heard Sri.Ashik K.Mohamed, the learned counsel for the
petitioner, as well as Smt.Sreeja V., the learned Public
Prosecutor, I am of the view that this original petition can be
disposed of with a direction.
4. Accordingly, if the petitioner appears before the Judicial First
Class Magistrate Court-II, Aluva, on or before the next posting
date and apply for recall of warrant and for grant of bail, the
same shall be considered, and appropriate orders will be issued
on the same day itself, positively. The warrant issued shall be
kept in abeyance till then.
The original petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/06/02/2024
OP(CRL.) 110/2024
APPENDIX OF OP(CRL.) 110/2024
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE PETITION FILED BY THE
COMPLAINANT AS CRL.M.P NO. 105 OF 2023
BEFORE THE COURT OF THE JUDICIAL
MAGISTRATE OF THE FIRST CLASS-II,
ALUVA.
EXHIBIT P2 TRUE COPY OF THE OBJECTION DATED 13-02-
2023 FILED TO CRL.M.P NO. 105 OF 2023
ON THE FILE OF THE COURT OF THE
JUDICIAL MAGISTRATE OF THE FIRST CLASS-
II, ALUVA.
EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 31-01-2024 ISSUED BY THE SENIOR
MEDICAL OFFICER OF THE DISTRICT
AYURVEDA HOSPITAL, ERNAKULAM.
EXHIBIT P4 TRUE TYPE COPY OF THE PROCEEDINGS FROM
OF 2015 ON THE FILE OF THE COURT OF THE
JUDICIAL MAGISTRATE OF THE FIRST CLASS-
II, ALUVA.
TRUE COPY
