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