High CourtsSingle Bench

Nishad vs State Of Kerala

High Court Of Kerala · Decided on 14 July 2023 · Citation: (2023) 07 KL CK 0116

HON’BLE JUDGES
Dr. Kauser Edappagath, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 279, 304A, 337, 338
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 5632 Of 2023
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Judgment

6 paragraphs · 222 words

Dr. Kauser Edappagath, J

1.

The petitioner is the accused in C.C.No.928/2019 on the files of Judicial First Class Magistrate Court-II, Cherthala (for short, 'the court below').

2.

The offences alleged against the petitioner are punishable under Sections 279, 337, 338 and 304-A of the IPC. The petitioner was released on bail. However, later on, he failed to appear before the court below and non bailable warrant was issued, which is still pending. Notice to sureties also was issued.

3.

The learned counsel for the petitioner submitted that in the incident pertaining to the crime, his mother and brother died and he was under mental strain and hence, he was taken to Jeddah by his relatives for support and change. It was in these circumstances, he could not appear before the court below. The counsel further submits that the petitioner has come down to India and he is prepared to surrender before the court below and co-operate with the trial. In these circumstances, this Crl.M.C. is disposed of as follows:

(i) The petitioner shall appear before the court below within seven days from today and offer bail. The court below shall grant bail to the petitioner on such conditions that it deems fit to impose upon.

(ii) The  petitioner  shall  hereafter  regularly  appear before the court below and co-operate with the trial.