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Balachandran S vs State Of Kerala
2025 Latest Caselaw 8295 Ker

Citation : 2025 Latest Caselaw 8295 Ker
Judgement Date : 25 April, 2025

Kerala High Court

Balachandran S vs State Of Kerala on 25 April, 2025

                                                       2025:KER:33075
CRL.MC NO. 3857 OF 2025

                                   1
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

                THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR

      FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947

                         CRL.MC NO. 3857 OF 2025

   CRIME NO.1748/2023 OF Kottayam East Police Station, Kottayam

      AGAINST THE ORDER/JUDGMENT DATED IN CC NO.207 OF 2023 OF CHIEF

JUDICIAL MAGISTRATE ,KOTTAYAM


PETITIONER/S:

           BALACHANDRAN S
           AGED 40 YEARS
           S/O SUBRAMANIAN BALACHANDRA BHAVAN NORTH MAZHUVANNOOR P
           O ERNAKULAM, PIN - 686669


           BY ADVS.
           DILISH JOHN
           RESHMA MOHAN



RESPONDENT/S:

           STATE OF KERALA
           SUB INSPECTOR OF POLICE KOTTAYAM EAST POLICE STATION
           KOTTAYAM REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
           KERALA, PIN - 682031


           PP-SRI.SANAL P. RAJ


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR            ADMISSION ON
25.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                             2025:KER:33075
CRL.MC NO. 3857 OF 2025

                                     2

                       K. V. JAYAKUMAR, J
                -----------------------------------------------
                     Crl.M.C.No.3857 of 2025
               ------------------------------------------------
             Dated this the 25th day of April, 2025

                                ORDER

The petitioner is accused No.2 in CC No.207/2023, on the

files of the Chief Judicial Magistrate Court, Kottayam arising

out of Crime No.1748/2023 of Kottayam East Police Station,

registered for offences punishable under Sections 406 and 402

read with Section 34 of IPC

2. The prosecution allegation is that, accused 1 and 2,

in furtherance of their common intention, had induced the de

facto complainant to pay them Rs. 1,80,000/- on the assurance

of securing a job for his son as a Warehouse Associate in a

company in Qatar. However, the accused failed to secure the

employment and refused to return the money to the defacto

complainant. Thus, the accused has committed the above

mentioned offences.

2025:KER:33075 CRL.MC NO. 3857 OF 2025

3. The learned Counsel for the petitioner submitted that

a non-bailable warrant is pending against the petitioner. The

petitioner is ready to surrender before the trial court and is

ready to cooperate with the trial of the case.

4.After hearing both sides, I am of the opinion that this

Crl.M.C. can be allowed. Therefore, this Crl.M.C is allowed with

the following directions:

1. The petitioner shall surrender before the Chief

Judicial Magistrate Court, Kottayam within one month from

today. Till then, non -bailable warrant shall be kept in abeyance.

The petitioner shall give advance copy of the bail application to

the Public Prosecutor before his surrender.

2. On such surrender, the Chief Judicial Magistrate

Court, Kottayam shall dispose of his bail application on that day

itself.

Sd/-

K. V. JAYAKUMAR, JUDGE SJ 2025:KER:33075 CRL.MC NO. 3857 OF 2025

PETITIONER ANNEXURES

ANNEXURE A1 THE CERTIFIED COPY OF THE FIR DATED 10.09.2023 IN CRIME NUMBER 1748 OF 2023 OF KOTTAYAM EAST POLICE STATION, KOTTAYAM

ANNEXURE A2 THE TRUE COPY OF THE STATUS OF THE CC NO.207/2023 ON THE FILE OF THE HON'BLE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM DATED 10.04.2025

 
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