High CourtsSingle Bench

Appulal P S vs State Of Kerala

High Court Of Kerala · Decided on 21 July 2023 · Citation: (2023) 07 KL CK 0153

HON’BLE JUDGES
Bechu Kurian Thomas, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 354C · Information Technology Act, 2000 — Section 66E, 67
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition No. 5692 Of 2023
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Judgment

5 paragraphs · 227 words

Bechu Kurian Thomas, J

1.

Petitioner is the accused in C.C No.1082/2016 on the files of the Judicial First Class Magistrate’s Court-III (Temporary), Kollam, which is now transferred to the long pending register as L.P. No.13/2020. The offences alleged against the petitioner are under Section 354C of the Indian Penal Code, 1860 apart from Sections 66E and 67 of the Information Technology Act, 2000.

2.

Since the petitioner failed to appear despite service of summons on him, a warrant has been issued and he apprehends coercive action under the warrant. Under these circumstances he has approached this Court seeking a direction to consider his bail application on the date of surrender itself.

3.

Having heard the learned counsel for the petitioner as well as the learned Public Prosecutor and taking into reckoning the marriage of the petitioner which is allegedly scheduled to be held on 19.08.2023, I am of the view the relief as sought for can be granted, provided the petitioner surrenders before the Trial Court within a particular date.

Hence, in the event of any application for recall of warrant and for bail being filed by the petitioner on or before 27.7.2023 after surrendering, before the Judicial First Class Magistrate’s Court-III, (Temporary), Kollam, in L.P No.13/2020 (C.C No.1082/2016), the learned Magistrate shall consider the same and pass appropriate orders positively on the same day itself.