In this bail application, the High Court directed the petitioner, an accused in military service unaware of the proceedings, to surrender before the jurisdictional court within 10 days. The warrant was kept in abeyance during this period.
Direction to surrender before jurisdictional court within 10 days; warrant kept in abeyance.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SUNIL THOMAS
THURSDAY, THE 14TH DAY OF FEBRUARY 2019 / 25TH MAGHA, 1940
Bail Appl..No. 822 of 2019
AGAINST THE ORDER/JUDGMENT IN CP 88/2018 of JUDICIAL MAGISTRATE OF FIRST CLASS - II, MAVELIKKARA
CRIME NO. 432/2011 OF NOORANADU POLICE STATION, ALAPPUZHA
PETITIONER/ACCUSED NO.2:
ANEESH AGED 36 YEARS S/O.SIVAN, RANIGIRI BHAVAN, MUTHUKATTUKARA MURI, PALAMEL VILLAGE, NOORANAD, ALAPPUZHA.
BY ADVS. SRI.RASHEED C.NOORANAD SMT.M.N.ANITHA
RESPONDENT/COMPLAINANT:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
PP S SAJJU
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 14.02.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Bail Appl..No. 822 of 2019
2
O R D E R
Petitioner stands arrayed as the 2nd accused in Crime No.432/2011 of Nooranadu Police Station, Alappuzha District for offences punishable under Sections 452, 324, 326, 506(i)(ii), 427, 379, 294(b), 307 read with 34 of IPC.
2. According to the prosecution, the accused trespassed into the house of the de facto complainant armed with deadly weapons and inflicted injuries on him. After investigation final report was laid in the year 2018, as submitted by the learned counsel for the petitioner.
3. According to the petitioner, pendency of the above proceedings was not known to the petitioner, who is employed in Military service. It is now understood that he has
Bail Appl..No. 822 of 2019
3
been implicated in the crime, final report has been laid and that consequent to his absence, warrant has been issued from the court below. Petitioner submitted that he was not served with the summons and execution of warrant may affect his service. Learned counsel for the
petitioner asserted that the petitioner undertakes to appear on all posting dates personally or through his counsel.
4. Having considered the nature of allegations, I am inclined to direct the petitioner to surrender before the
jurisdictional court within 10 days from today. The court shall consider the bail application on the same day itself having regard to the entire facts. Warrant if any issued from the court below will be kept in abeyance till his actual date of appearance within the above 10 days.
Bail Appl..No. 822 of 2019
4
Bail application stands disposed of
accordingly.
Sd/-
SUNIL THOMAS, JUDGE
Pn 14/02
1 issue framed by the court
Whether to issue direction to the accused in Military service to surrender within 10 days pending bail hearing.
Aneesh
State Of Kerala
Sunil Thomas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
