Citation : 2025 Latest Caselaw 8295 Ker
Judgement Date : 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
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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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