Citation : 2024 Latest Caselaw 30142 Ker
Judgement Date : 24 October, 2024
2024:KER:79135
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 24TH DAY OF OCTOBER 2024 / 2ND KARTHIKA, 1946
CRL.MC NO. 8830 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.1 OF 2016 OF
JUDICIAL FIRST CLASS MAGISTRATE COURT, NJARAKKAL
PETITIONER/ACCUSEd:
JINEESH K.U.
AGED 44 YEARS
S/O.K.K. UMESAN, KADATHUKADAVIL HOUSE,
THIRUMANANKUNNU TEMPLE, CHERAI P.O., ERNAKULAM,
PIN - 683514
BY ADVS.
JOHN TONY AKKARA
K.V.ARUN KUMAR
RESPONDENT/COMPLAINANT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031
BY ADV.
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 8830 OF 2024 2
2024:KER:79135
BECHU KURIAN THOMAS, J
.............................................
Crl.M.C. No. 8830 of 2024
.......................................................
Dated this the 24th day of October, 2024
ORDER
Petitioner is accused in L.P.No.1/2016 on the files of the
Judicial First Class Magistrate Court, Njarakkal. The offences alleged
against the accused is under Sections 353, 506(ii) and 34 of the
Indian Penal Code, 1860 and Section 122 read with Section 177 of the
Motor Vehicles Act, 1988.
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, he apprehends 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. Accordingly, if the petitioner surrender before the
jurisdictional court within 15 days from today, the learned Magistrate
shall consider the applications for recall of warrant and for grant of
bail, if any, filed by the petitioner in L.P.No.1/2016, preferably on the
2024:KER:79135
date of appearance itself.
5. To enable the petitioner to appear before the
learned Magistrate as directed above, the non bailable warrant issued
against the petitioner shall be kept in abeyance for a period of 15
days from today.
The Crl.M.C.is disposed of with the above direction.
Sd/-
BECHU KURIAN THOMAS JUDGE AJ
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