Vimal vs Public Prosecutor

VIMAL vs Public Prosecutor

Type Court Judgment Court Kerala Decided Feb 14, 2022

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https://sooperkanoon.com/case/1450451

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Citation: sooperkanoon.com/1450451
Court: Kerala High Court
Judge: Honourable Mr. Justice K.Haripal
Decided On: Feb 14, 2022
Case Number: Crl.MC/994/2022

Parties & Advocates

Appellant / Petitioner

VIMAL

Respondent

Public Prosecutor

Excerpt

.....pin - 695564 by advs. j.r.prem navaz ansar.k.c respondent/state: state of kerala, represented by the public prosecutor high court of kerala, ernakulam district, pin - 682031 sr.pp - smt. sreeja v. this criminal misc. case having come up for admission on 14.02.2022, the court on the same day passed the following:orderpetitioner is the 5th accused in c.p.no.110/2021 on the file of the judicial first class magistrate's court-ii, nedumangad which is based on the final report in crime no.9/2019 of aruvikkara police station. now the petitioner, along with others, faces allegations under sections 143, 147, 148, 323, 324, 326, 307 and 427 read with section 149 of the ipc. the charge sheet has been laid showing himself as absconding.2. the learned counsel submits that the petitioner wantsto surrender before the committal court. therefore, a direction is sought to the judicial first class magistrate's court, nedumangad to consider and pass orders on his application for bail on the day of filing itself .3. now the final report has already been laid. if thepetitioner surrenders before the court after giving advance notice to the public prosecutor concerned within ten days from today, it shall be considered by the learned magistrate taking into account the decision reported in siddharth v. state of uttar pradesh and another [2021 (5) khc 353 (sc)]. crl.m.c is disposed of as above. sd/- k.haripal judge jms/14.02 appendix of crl.mc 994/2022 petitioner annexures annexure1 the true copy of the final report/charge sheet in crime 09 of 2019 of aruvikkara police station thiruvananthapuram district //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE K.HARIPAL MONDAY, THE 14TH DAY OF FEBRUARY 2022 / 25TH MAGHA, 1943 CRL.MC NO. 994 OF 2022 (IN THE MATTER OF CRIME NO.09 OF 2019 OF ARUVIKKARA POLICE STATION THIRUVANANTHAPURAM DISTRICT PENDING ON THE FILE OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-II, NEDUMANGAD AS C.P. NO.110 OF 2021) NAME AND ADDDRESS OF THE PETITIONER/5TH ACCUSED: VIMAL AGED 35 YEARS, S/O VIKRAMAN RESIDING AT MULLASSERY THEKKEVILA VEEDU, KARAKULAM VILLAGE, THIRUVANANTHAPURAM TALUK THIRUVANANTHAPURAM, PIN - 695564 BY ADVS. J.R.PREM NAVAZ ANSAR.K.C RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM DISTRICT, PIN - 682031 SR.PP - SMT. SREEJA V. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.02.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Petitioner is the 5th accused in C.P.No.110/2021 on the file of the Judicial First Class Magistrate's Court-II, Nedumangad which is based on the final report in Crime No.9/2019 of Aruvikkara police station. Now the petitioner, along with others, faces allegations under Sections 143, 147, 148, 323, 324, 326, 307 and 427 read with Section 149 of the IPC. The charge sheet has been laid showing himself as absconding.

2. The learned counsel submits that the petitioner wants

to surrender before the committal Court. Therefore, a direction is sought to the Judicial First Class Magistrate's Court, Nedumangad to consider and pass orders on his application for bail on the day of filing itself .

3. Now the final report has already been laid. If the

petitioner surrenders before the court after giving advance notice to the Public Prosecutor concerned within ten days from today, it shall be considered by the learned Magistrate taking into account the decision reported in Siddharth v. State of Uttar Pradesh and Another [2021 (5) KHC 353 (SC)]. Crl.M.C is disposed of as above. Sd/- K.HARIPAL JUDGE Jms/14.02 APPENDIX OF CRL.MC 994/2022 PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF THE FINAL REPORT/CHARGE SHEET IN CRIME 09 OF 2019 OF ARUVIKKARA POLICE STATION THIRUVANANTHAPURAM DISTRICT //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2022 Same Parties VIMAL vs Public Prosecutor Same Judge Honourable Mr. Justice K.Haripal