Kerala High Court
Purushothaman Alias Purush Kumar ... vs State Of Kerala on 30 October, 2008
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE S.S.SATHEESACHANDRAN
FRIDAY, THE 30TH DAY OF NOVEMBER 2012/9TH AGRAHAYANA 1934
Crl.MC.No. 3693 of 2012
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OS.2568/2008 of PRL.MUNSIFF COURT,THRISSUR
CC.NO.2140/2008 IN LPR.456/2011 of J.M.F.C.-I,THRISSUR
PETITIONER / ACCUSED : -
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PURUSHOTHAMAN ALIAS PURUSH KUMAR MUTHIRAMPARAMBATH,
S/o KUMARAN,
MUTHIRAMPARAMBATH HOUSE,
VELIYANNOOR,
THRISSUR.
BY ADV. SRI.P.V.CHANDRA MOHAN
RESPONDENT / COMPLAINANT : -
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STATE OF KERALA,
REPRESENTED BY S.I. OF POLICE,
THRISSUR EAST POLICE STATION,
THRISSUR.
BY PUBLIC PROSECUTOR SRI. R. RANJITH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30-11-2012, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3693 of 2012
APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE 1 : TRUE COPY OF RECEIPT BEARING NO.1339/PTN/TE/08 ISSUED BY
THE POLICE FOR RECEIVING THE COMPLAINT.
ANNEXURE 2 : TRUE COPY OF PLAINT IN OS NO.2568/2008 OF THE MUNSIFF
COURT, THRISSUR.
ANNEXURE 3 : TRUE COPY OF FINAL REPORT FILED BY THE RESPONDENT
DATED 30.10.2008.
ANNEXURE 4 : TRUE COPY OF RESIDENCE VISA ISSUED TO THE PETITIONER.
RESPONDENT'S ANNEXURES : NIL.
// TRUE COPY //
P.A. TO JUDGE
DMR/-
S.S.SATHEESACHANDRAN,J.
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Crl.M.C. NO. 3693 of 2012
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Dated this the 30th day of November, 2012
ORDER
Petitioner is an accused in a case pending on the file of the Judicial First Class Magistrate-I, Thrissur. The case against him has now been included among the long pending cases and steps are afoot under Section 82 and 83 of the Code with a non bailable warrant issued against him since summons and warrants issued earlier for his appearance/production were not successful. Petitioner submits that all along and even now he is in a gulf country and he was unaware of the proceedings pending before the court. Learned counsel for petitioner points out with reference to Annexure 3 charge that the offences imputed against him are bailable. Having regard to the submissions made and also taking note that the offences imputed against the petitioner are bailable, the following direction is issued.
Crl.M.C. NO. 3693 of 2012 2
In case, the petitioner surrenders before the magistrate within a period of one month from today and advance notice on his application for bail has been given to the Assistant Public Prosecutor, learned magistrate shall enlarge him on bail on his executing a bond for Rs.10,000/- (Rupees Ten Thousand Only) with one solvent surety to his satisfaction.
I make it clear that the above direction is given on the representation made by the counsel that there was no execution of a bond previously before court and its forfeiture, inviting for any further steps under sub section (2) of Section 436 of the Code. In case, any such proceeding is pending, it is open to the magistrate to pass appropriate orders on surrender of the petitioner with respect to his bail application. To enable the petitioner to surrender and seek bail, learned magistrate is directed to keep in abeyance the execution of non bailable warrant, if any, issued against him and also other coercive steps proceeded against him for a period of one month.
Crl.M.C. is disposed of.
S.S.SATHEESACHANDRAN JUDGE.
DMR/-