High Court Kerala High Court

Nasar vs State Of Kerala on 1 February, 2010

Kerala High Court
Nasar vs State Of Kerala on 1 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 331 of 2010()


1. NASAR, AGED 46, S/O.UMMER,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

2. THE SUB INSPECTOR OF POLICE,

                For Petitioner  :SRI.N.AJITH

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.BHAVADASAN

 Dated :01/02/2010

 O R D E R
                            P.BHAVADASAN, J.
                            ---------------------------
                       Crl.M.C No. 331 OF 2010
                         --------------------------------
              Dated this the 1st day of February 2010
               -----------------------------------------------------

                                    ORDER

This is a petition filed under Section 482 Cr.P.C

seeking direction to the Judicial First Class Magistrate Court ,

irinjalakkuda to consider an application for regular bail that the

petitioner may file on their surrender before the said court.

2. Petitioner is the second accused in Crime

No.189/2009 of Irinjalakkuda Police Station which was taken on

file as C.C No.619/2008 on the file of Judicial First Class Magistrate

Court, Irinjalakkuda.

3. The allegation against the accused is that they in

furtherance of their common intention trespassed into the

residence of the defacto complainant and caused hurt to the

defacto complainant. The offences alleged against the accused

were under Sections 143, 147, 452, 323 and 365 r/w Section 34 of

the Indian penal Code. Petitioner says that he is totally innocent.

He was enlarged on bail during crime stage. Then he was

unemployed. On getting a job, he had gone abroad. The counsel

for the petitioner also assured him that he would intimated the

Crl.M.C No. 331 OF 2010 Page numbers

petitioner when the case is listed for trial. But due to some

unavoidable circumstances the petitioner was not able to attend

the trial. Accused 1 and 3 were acquitted by the court below.

The case against the petitioner was split up and included in L.P

register. Non-bailable warrant of arrest was issued against the

petitioner. Now he is willing to surrender before the court below.

There is no wilful latches in his part in his nonapeparance before

the court below at the time of trial. He could not appear before

the court due to reasons beyond his control.

4. It would appear that there is no wilful latches on the

part of the petitioner for his nonappearance before the court

below at the time of trial. Whatever that be, in case the petitioner

surrenders before the court below on or before 10/02/2010 and

files an application for bail, after giving notice to the learned

Public Prosecutor, the court below shall consider the application

for bail on the same day itself and pass orders in accordance with

law.

Sd/-

P.BHAVADASAN,
JUDGE
//TRUE COPY//

P.A TO JUDGE

vdv