Kerala High Court
Nisar vs State Of Kerala on 6 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:67914
CRL.MC NO. 7488 OF 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946
CRL.MC NO. 7488 OF 2024
CRIME NO.300/2018 OF TIRUR POLICE STATION, MALAPPURAM
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.83 OF 2021 OF
JUDICIAL MAGISTRATE OF FIRST CLASS,TIRUR
.................................
PETITIONER/ACCUSED NO.1, 2, 4 & 6:
1 NISAR, AGED 23 YEARS
S/O HANEEFA, PAKKICHINTEPURAKKAL HOUSE,
PARAVANNA P.O,TIRUR TALUK,
MALAPPURAM DISTRICT, PIN - 676 502.
2 SALMAN FARIS, AGED 24 YEARS
S/O KUNHAN BAVA, CHEKKINTEPURAKKAL HOUSE,
VELLAPURAM, PARAVANNA P.O,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 502.
3 SADIQ, AGED 24 YEARS
S/O HASSAN, PALLATH HOUSE, PARAVANNA P.O,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 502.
4 MUHAMMED ASHIQ, AGED 23 YEARS
S/O SAWAD, CHEKKINTEPURAKKAL HOUSE, PARAVANNA P.O,
TIRUR TALUK, MALAPPURAM DISTRICT, PIN - 676 502.
BY ADVS.
P.T.SHEEJISH
P.K.PURUSH
HARIKIRAN
SREERAM P.
A.ABDUL RAHMAN (A-1917)
PARVATHY S. MANOJ
YOOSUF SAFWAN T. AJMAL
AMRITA SAFAL M.
SANDRA TOM
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CRL.MC NO. 7488 OF 2024
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RESPONDENT/S:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SMT. SREEJA V (PP)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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CRL.MC NO. 7488 OF 2024
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BECHU KURIAN THOMAS, J
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Crl.M.C.No.7488 of 2024
...................................................
Dated this the 6th day of September, 2024
ORDER
Petitioners, who are accused Nos.1, 2, 4 and 6 in L.P.No.83/2021 on the
files of the Judicial First Class Magistrate Court, Tirur, which arose out
of Crime No.300/2018 of Tirur Police Station, are facing prosecution for
various offences including Section 307 of the Indian Penal Code, 1860.
2. Petitioners allege that due to their absence in the trial court, a non
bailable warrant was issued, and thereafter the proceedings have been
transferred to the long pending register. They seek for a direction to
consider their application for recall of warrant and bail on the same day
of their appearance as they were willing to appear before the trial court.
Petitioners have referred to Crl.M.C.No.2544/2022, which they had filed
earlier before this Court itself and has mentioned that they were unable
to comply with the directions therein.
3. Smt.Sreeja V., the learned Public Prosecutor, submitted that in
Crl.M.C.No.2544/2022 this Court had directed the petitioner to surrender
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CRL.MC NO. 7488 OF 2024
before the jurisdictional court within three weeks, and the court was
directed to consider the application for recall of warrant and bail on the
same day itself. It is submitted that the indulgence shown by this court
in the said direction was not complied with by the petitioners.
4. On a perusal of the order dated 19.04.2022 in Crl.M.C.No.2544/2022, it
is revealed that this Court had granted three weeks time for petitioners
to surrender before the jurisdictional court and even directed the said
court to consider the application for recall of warrant on the same day
itself.
5. Concededly extension of time was not sought for in the said application.
Hence, petitioners cannot seek similar relief at this distance of time.
Therefore, I find no merit in this Crl.M.C. and it is dismissed.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/06/09/2024
2024:KER:67914
CRL.MC NO. 7488 OF 2024
PETITIONER ANNEXURES
ANNEXURE A1 THE CITIZEN COPY OF FIR IN CRIME NO. 300/2018
OF TIRUR POLICE STATION, MALAPPURAM DISTRICT
ANNEXURE A2 THE TRUE COPY OF THE CHARGE SHEET IN CRIME
NO. 300/2018 FILED BEFORE THE JUDICIAL FIRST
CLASS MAGISTRATE COURT, TIRUR
