Nishad, vs State of Kerala,

Type Court Judgment Court Kerala Decided Jan 05, 2022

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Citation: sooperkanoon.com/1439952
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Jan 05, 2022
Case Number: Crl.MC/37/2022

Parties & Advocates

Appellant / Petitioner

Nishad,

Respondent

State of Kerala,

Excerpt

.....p.o., thrissur district-679 562. sr.pp - sri. hrithwik c.s. this criminal misc. case having come up for admission on 05.01.2022, the court on the same day passed the following:orderpetitioner is the 1st accused in c.c. no.1497 of 2014 pending before the judicial first class magistrate's court, kunnamkulam where he, along with others, faces allegations under sections 341, 323, 324 read with section 34 of the ipc.2. according to the learned counsel, the petitioner isin hyderabad that he did not get summons in the case. now coercive steps are pending, that he is prepared to surrender before the court and therefore the prayer is to direct the judicial first class magistrate, kunnamkulam to consider the bail application on the very day of filing the same.3. i heard the learned counsel for the petitioner and also the learned senior public prosecutor.4. this is a case of the year 2014. it is true that an absconding charge sheet has been laid against him. even though the present version that he was not aware of thependency of the case is not convincing, so long as necessity of custodial trial is insisted, his application for bail should be considered with utmost expectation.5. therefore, the petitioner is at liberty to surrenderbefore court within 10 days from today after giving advance notice to the public prosecutor concerned. the bail application if any, moved by him shall be considered taking into account the dictum laid down by the hon'ble supreme court in siddarth v. state of uttar pradesh and another [2021 scc online 615]. the criminal miscellaneous case is disposed of as above. sd/- k. haripal judgermv/05/01/2022 appendix of crl.mc 37/2022 petitioner annexures annexure a1 the true copy of the final report dated 30.05.2014 in cc of vadakkekkad police station, thrissur district. respondents' exhibits: nil true copy p.a.to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL WEDNESDAY, THE 5TH DAY OF JANUARY 2022 / 15TH POUSHA, 1943 CRL.MC NO. 37 OF 2022 AGAINST ISSUANCE OF WARRANT IN CC 1497/2014 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,KUNNAMKULAM IN CRIME NO.469/14 OF VADAKKEKKAD POLICE STATION, THRISSUR DISTRICT) PETITIONER/ACCUSED NO.1: NISHAD, AGED 30 YEARS S/O.MUHAMMED KOYA, MUKKATHEYIL HOUSE, DUBALPADI, PERUMPADAPPU VILLAGE, VELIYAMCODU, PALAPPETTY, MALAPPURAM-679 579. BY ADVS. M.ANIL KUMAR PREETHI K.PURUSHOTHAMAN RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. 2 CIRCLE INSPECTOR OF POLICE, VADAKKEKKAD POLICE STATION, VADAKKEKKAD P.O., THRISSUR DISTRICT-679 562. SR.PP - SRI. HRITHWIK C.S. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Petitioner is the 1st accused in C.C. No.1497 of 2014 pending before the Judicial First Class Magistrate's Court, Kunnamkulam where he, along with others, faces allegations under Sections 341, 323, 324 read with Section 34 of the IPC.

2. According to the learned counsel, the petitioner is

in Hyderabad that he did not get summons in the case. Now coercive steps are pending, that he is prepared to surrender before the Court and therefore the prayer is to direct the Judicial First Class Magistrate, Kunnamkulam to consider the bail application on the very day of filing the same.

3. I heard the learned Counsel for the petitioner and also the learned Senior Public Prosecutor.

4. This is a case of the year 2014. It is true that an absconding charge sheet has been laid against him. Even though the present version that he was not aware of the

pendency of the case is not convincing, so long as necessity of custodial trial is insisted, his application for bail should be considered with utmost expectation.

5. Therefore, the petitioner is at liberty to surrender

before Court within 10 days from today after giving advance notice to the Public Prosecutor concerned. The bail application if any, moved by him shall be considered taking into account the dictum laid down by the Hon'ble Supreme Court in Siddarth v. State of Uttar Pradesh and another [2021 SCC Online 615]. The Criminal Miscellaneous Case is disposed of as above. Sd/- K. HARIPAL JUDGE

RMV/05/01/2022 APPENDIX OF CRL.MC 37/2022 PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE FINAL REPORT DATED 30.05.2014 IN CC OF VADAKKEKKAD POLICE STATION, THRISSUR DISTRICT. RESPONDENTS' EXHIBITS: NIL TRUE COPY P.A.TO JUDGE

Same Court & Year Kerala · 2022 Same Parties Nishad, vs State of Kerala, Same Judge Honourable Mr. Justice K.Haripal