High CourtsSingle Bench

Nidhin Benny vs State Of Kerala

High Court Of Kerala · Decided on 18 April 2023 · Citation: (2023) 04 KL CK 0140

HON’BLE JUDGES
Dr. Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 380, 411
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 3340 Of 2023
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Judgment

11 paragraphs · 223 words

Dr. Kauser Edappagath, J

1.

The petitioner is the accused No.1 in C.C. No.204 of 2015 of the Judicial First Class Magistrate Court-III, North Paravur.

2.

The offences alleged against the petitioner are punishable under Sections 380, 411 r/w 34 of the Indian Penal Code.

3.

Non bailable warrant is pending against the petitioner.

4.

It is submitted that the petitioner met with an accident. The doctor advised to take rest for a period of two months and hence, he could not appear before the learned Magistrate.

5.

The learned counsel for the petitioner submits that the petitioner is prepared to surrender before the learned Magistrate and to co-operate with the trial.

6.

The limited prayer of the petitioner is to give a direction to the learned Magistrate to consider his bail application on the same day itself.

Having heard both sides, this Crl.M.C. is disposed of as follows:

i. The petitioner shall surrender before the learned Magistrate within a period of two weeks from today.

ii. The bail application, if any, filed by the petitioner shall be heard and disposed of by the learned Magistrate on the same day itself, in accordance with law.

iii. Till the bail application is disposed of by the learned Magistrate, all coercive steps pending against the petitioner/accused including non bailable warrant shall be kept in abeyance.