Arun Kumar vs State of Kerala

Type Court Judgment Court Kerala Decided Jan 06, 2022

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https://sooperkanoon.com/case/1440261

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Citation: sooperkanoon.com/1440261
Court: Kerala High Court
Judge: Honourable Dr. Justice Kauser Edappagath
Decided On: Jan 06, 2022
Case Number: Crl.MC/67/2022

Parties & Advocates

Appellant / Petitioner

Arun Kumar

Respondent

State of Kerala

Excerpt

.....is a havildar in the indian army and now posted at kashmir. the learned counsel for the petitioner submits that the petitioner could not appear at the court below since he was atkashmir in connection with his employment and absent application filed by his counsel was dismissed and nbw was issued. the counsel further submits that the petitioner is ready and willing to appear at the sessions court and co-operate with the trial. however, the petitioner apprehends that if he appears at the court below, there is every chance of remanding him. it is-:3:- in these circumstances this crl.m.c is filed.3. having heard the learned counsel for the petitioner, iam of the view that this crl.m.c can be disposed of with a direction to the learned sessions judge to consider the bail application filed by the petitioner on his surrender on the same day itself. the court below shall take into account the fact that the petitioner is a havildar serving in the indian army whileconsidering the bail application. till such surrender, the petitioner shall not be arrested. the crl.m.c is disposed of. sd/- dr. kauser edappagath judge kp true copy p.a. to judge -:4:- appendix of crl.mc 67/2022 petitioner annexures annexure a1 copy of the proceedings of the additional and district court, thiruvananthapuram on 13.06.2018 in sc no.399/2016.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH THURSDAY, THE 6TH DAY OF JANUARY 2022 / 16TH POUSHA, 1943 CRL.MC NO. 67 OF 2022 IN THE MATTER OF SC 399/2016 OF FAST TRACK SPECIAL COURT, NEDUMANGAD ARISING FROM CR.NO.247/2010 OF PALODE POLICE STATION THIRUVANANTHAPURAM
PETITIONER/ACCUSED: ARUN KUMAR, AGED 35 YEARS S/O P SASINDRAN, PLAKATH, NEAR SKV HSS, NANIYODE, PALODE, THIRUVANANTHAPURAM. BY ADV LATHEESH SEBASTIAN RESPONDENTS/STATE & COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2 STATION HOUSE OFFICER PALODE POLICE STATION, THIRUVANANTHAPURAM-695562. SMT T V NEEMA -SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: -:2:-

ORDER

Dated this the 6th day of January, 2022 The limited prayer in this Crl.M.C is to give a direction to the learned Sessions Judge to consider the bail application on the same day of surrender of the petitioner.

2. The petitioner is the accused in Crime No.247/2010 of

Palode Police Station, Thiruvananthapuram which is now pending as S.C.No.399/2016 of Fast Track Special Court, Nedumangad. The petitioner is a Havildar in the Indian Army and now posted at Kashmir. The learned counsel for the petitioner submits that the petitioner could not appear at the court below since he was at

Kashmir in connection with his employment and absent application filed by his counsel was dismissed and NBW was issued. The counsel further submits that the petitioner is ready and willing to appear at the Sessions Court and co-operate with the trial. However, the petitioner apprehends that if he appears at the court below, there is every chance of remanding him. It is

-:3:- in these circumstances this Crl.M.C is filed.

3. Having heard the learned counsel for the petitioner, I

am of the view that this Crl.M.C can be disposed of with a direction to the learned Sessions Judge to consider the bail application filed by the petitioner on his surrender on the same day itself. The court below shall take into account the fact that the petitioner is a Havildar serving in the Indian Army while

considering the bail application. Till such surrender, the petitioner shall not be arrested. The Crl.M.C is disposed of. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp True copy P.A. To Judge -:4:- APPENDIX OF CRL.MC 67/2022 PETITIONER ANNEXURES Annexure A1 COPY OF THE PROCEEDINGS OF THE ADDITIONAL AND DISTRICT COURT, THIRUVANANTHAPURAM ON 13.06.2018 IN SC NO.399/2016.

Same Court & Year Kerala · 2022 Same Parties Arun Kumar vs State of Kerala Same Judge Honourable Dr. Justice Kauser Edappagath