Kerala High Court
Manoj vs State Of Kerala on 21 November, 2024
2024:KER:87644
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 21ST DAY OF NOVEMBER 2024/30TH KARTHIKA, 1946
CRL.MC NO. 9790 OF 2024
CRIME NO.7/2024 OF Mannar Police Station, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.347 OF 2024
OF FAST TRACK SPECIAL COURT, CHENGANNUR
PETITIONER:
MANOJ,
AGED 45 YEARS,
S/O.SUKUMARAN, RESIDING AT MANOJ BHAVANAM,
BUDHANOOR EAST MURI, ENNACKADU VILLAGE,
CHENGANNUR, ALAPPUZHA DISTRICT,
PIN - 690 101.
BY ADVS.
T.MADHU
C.R.SARADAMANI
RENJISH S. MENON
AISWARYA JAYAPAL
ALEENA JOSE
KARTHIK KRISHNA M.
RESPONDENTS:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
PIN - 682 031.
SR PP RENJIT GEORGE
Crl.M.C.No.9790 of 2024
2024:KER:87644
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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 21.11.2024, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
Crl.M.C.No.9790 of 2024
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ORDER
(Dated this the 21st day of November, 2024)
This Criminal Miscellaneous Case has been filed
under Section 528 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 ('BNSS' for short), seeking the following relief:
"This Hon'ble Court may be pleased to
direct the Learned Fast Track Special Court,
Chengannur to consider the bail application being
filed by the petitioner in S.C.No.347 of 2024 on the
date of surrender of the petitioner itself and to
release him on bail on the same day itself, so as to
secure the ends of justice."
2. Heard the learned counsel for the petitioner
and the learned Public Prosecutor. Perused the relevant
materials.
3. Earlier, the petitioner filed Crl.M.C.7350 of
2024 to quash the proceedings, the same was dismissed on
22.10.2022. Again, on 06.11.2024, another Crl.M.C.9251 of
2024 was filed for the same relief and that was also
dismissed.
4. Now the grievance advanced by the learned
counsel for the petitioner is that police filed absconding
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charge in this matter, and therefore, the petitioner is ready to
surrender before this Special Court on 26.11.2024. But
there will be a direction to the Special Court to consider the
bail application of the petitioner on the surrender.
5. The learned Public Prosecutor did not oppose
the relief sought for.
6. In this matter, the petitioner is facing arrest
and detention, in view of the non bailable warrant issued
against him, since he failed to appear before the Special
Court. Now, this petition has been filed to permit the
petitioner to surrender before the Special Court to seek
regular bail.
7. In such view of the matter, this petition
stands disposed of directing the petitioner to surrender
before the Special Court, within ten days from today.
8. Further, there shall be a direction to the
Special Court to consider the bail application, if the petitioner
files the same after his surrender, within a period of seven
days, as ordered, preferably on the same day, or within a
period of seven days thereafter, purely on merits and taking
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note of the facts of this case and in accordance with the law.
Execution of non bailable warrant stands deferred till
surrender of the petitioner within ten days from today and
not thereafter.
9. It is also made clear that, the learned Special
Judge shall proceed to realize the penalty in view of forfeiture
of the bail bond, as per law, without fail and this order has no
bearing on the said proceeding.
Registry is directed to forward a copy of this order to
the Special Court, within three days, for information and
further steps.
Sd/-
A. BADHARUDEEN
JUDGE
ADS
2024:KER:87644
PETITIONER ANNEXURES
ANNEXURE A1 THE TRUE COPY OF THE FIR DATED 01.01.2024
IN CRIME NO.7/2024 OF MANNAR POLICE
STATION, ALAPPUZHA DISTRICT.
ANNEXURE A2 THE TRUE COPY OF THE FINAL REPORT DATED
29.02.2024 IN CRIME NO.7/2024 OF MANNAR
POLICE STATION, ALAPPUZHA DISTRICT.
ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED
22.10.2024 IN CRL.M.C.NO.7350/2024 ON
THE FILES OF THIS HONOURABLE COURT.
ANNEXURE A4 THE TRUE COPY OF THE ORDER DATED
06.11.2024 IN CRL.M.C.NO.9251/2024 ON
THE FILES OF THIS HONOURABLE COURT.
ANNEXURE A5 THE TRUE COPY OF THE PROCEEDINGS IN
S.C.NO.347/2024 ON THE FILES OF THE
LEARNED FAST TRACK SPECIAL COURT,
CHENGANNUR DOWNLOADED FROM THE WEBSITE.
