Soby George vs State Of Kerala

Petitioner is the first accused in C.C.No. 1541/2015, pending before the Judicial First Class Magistrate Court-II, Kochi. The offence alleged is

under Section 420 read with Section 34 of IPC. The petitioner was arrested on 18.10.2014, during the investigation stage and released on 12.12.2014,

after 56 days of judicial custody. On the final report being filed and cognizance being taken, the petitioner appeared through the Counsel and applied

for continuing the bail taken at the crime stage. Altogether twelve cases are pending against the petitioner.

The petitioner had to undergo a surgery for anterior cervical discectomy and fusion on 05.02.2020 and was bed ridden for a long period. He had to

be hospitalized again due to post surgical complications and is undergoing treatment. The medical records have been produced as Annexure-A1,

Annexure-A2 & Annexure-A3. According to the petitioner, his physical disability prevented him from being present in the court on 04.02.2021 and the

learned Magistrate issued non-bailable warrant against the petitioner in all the cases.

The prayer in this Criminal M.C. is to quash the proceedings issuing non-bailable warrant and to direct the jurisdictional court to grant the petitioner

one month's time, to appear and take bail. The learned Counsel for the petitioner submitted that the petitioner will be satisfied if he is granted two

week's time to surrender and the learned Magistrate directed to consider the bail application on the date of surrender. It is prayed that the learned

Magistrate may be accept common sureties in all the cases.

The medical records of the petitioner persuades me to accept the submission of the petitioner having been disabled from appearing in the court due to

his ailment and therefore, to grant the limited relief sought.

These Criminal Miscellaneous Cases are hence disposed of, permitting the petitioner to surrender before the Judicial First Class Magistrate Court-II,

Ernakulam in C.C.No. 1541/2015 and to submit the application for bail, with notice to the Public Prosecutor. In such event, the learned Magistrate

shall consider the bail application and pass appropriate orders thereon on the same day. The same sureties can be accepted in all cases, if they have

sufficient solvency. In order to provide an opportunity for the petitioner to surrender and move the application for bail, non-bailable warrant issued

against him shall be kept in abeyance for a period of two weeks.