Anil Kumar M.S vs State Of Kerala
2024 Latest Caselaw 30204 Ker

Kerala High Court

Anil Kumar M.S vs State Of Kerala on 24 October, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                                 2024:KER:79143
CRL.MC NO. 8896 OF 2024

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                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. 8896 OF 2024

         AGAINST THE ORDER/JUDGMENT DATED IN CC NO.2103 OF 2015 OF

           JUDICIAL FIRST CLASS MAGISTRATE COURT, KAKKANAD

PETITIONER/ACCUSED NO.2 :

              ANIL KUMAR M.S., AGED 56 YEARS
              S/O. SACHITHANANDAN, MANIYALIL HOUSE,
              ALAMTHURUTHU P.O., VADAKKEKKARA,
              NORTH PARAVUR, ERNAKULAM - 683 522.


              BY ADV V.SRI NATH


RESPONDENT/STATE :

              STATE OF KERALA
              REPRESENTED BY PUBLIC PROSECUTOR,
              HIGH COURT OF KERALA, PIN - 682 031.


              SRI. NOUSHAD K. A. (PP)



THIS   CRIMINAL      MISC.    CASE   HAVING    COME   UP   FOR   ADMISSION   ON
24.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                                               2024:KER:79143
CRL.MC NO. 8896 OF 2024

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                              BECHU KURIAN THOMAS, J
                      ......................................................
                                 Crl.M.C.No.8896 of 2024
                          ...................................................
                    Dated this the 24th day of October, 2024


                                             ORDER

Petitioner is the second accused in C.C.No.2103/2015 on the files of

the Judicial First Class Magistrate Court, Kakkanad, arising out of

Crime No.1649/2011 of Thrikkakara Police Station. The offence

alleged against the petitioner are under Sections 420 r/w Section 34 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, 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 surrenders before the jurisdictional court

within 15 days from today, the learned Magistrate shall consider the 2024:KER:79143 CRL.MC NO. 8896 OF 2024

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

the petitioner in C.C.No.2103/2015, preferably on the date of

appearance itself.

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

directed, 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 AMV/24/10/2024 2024:KER:79143 CRL.MC NO. 8896 OF 2024

PETITIONER ANNEXURES

ANNEXURE 1 TRUE COPY OF THE FIR NO.1649/2011 OF THE THRIKKAKARA POLICE STATION.

ANNEXURE 2 TRUE COPY OF THE CASE STATUS OF THE JUDICIAL FIRST CLASS MAGISTRATE IN C.C NO.2103/2015.