High CourtsSingle Bench

Shajahan Sainulabdeen vs State Of Kerala

High Court Of Kerala · Decided on 29 May 2023 · Citation: (2023) 05 KL CK 0232

HON’BLE JUDGES
Raja Vijayaraghavan V, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petition No. 4096 Of 2023
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Judgment

8 paragraphs · 258 words

Raja Vijayaraghavan V, J

1.

The petitioner states that he is the accused in LP No.105 of 2020 on the file of the Judicial First Class Magistrate Court, Kattakada. He points out that the co-accused has been acquitted as is evident from Annexure 3 judgment and the case against the petitioner was split up and refiled as CC No.766 of 2019. However, due to the non-appearance of the petitioner, the case has been included in the list of Long Pending Cases.

2.

The petitioner states that he is prepared to appear before the court below and seek bail. His prayer in this petition is for issuance of directions to the learned Magistrate to consider his application on the date of surrender itself.

3.

I have heard Sri. V S Salim, the learned counsel appearing for the petitioner and the learned Public Prosecutor.

4.

Having regard to the facts and circumstances and the submissions made across the bar, this petition is disposed of by ordering as under:

a) The petitioner shall surrender before the jurisdictional court within two weeks from today.

b) If applications for recalling the warrant and for grant of bail are preferred before the court with advance notice to the concerned prosecutor, the learned Magistrate shall consider the same and pass appropriate orders in accordance with law, ideally on the date of surrender itself.

(c) In order to enable the petitioner to appear before the court below, coercive proceedings, if any, pending against the petitioner shall be kept in abeyance for a period of three weeks.