The High Court dismissed a criminal miscellaneous case where the petitioner, an accused on bail, sought recall of a Non-Bailable Warrant issued after his absence. The Court accepted the Sessions Judge's report that the petitioner remains on bail, finding no scope to maintain the petition.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE MARY JOSEPH
MONDAY, THE 02ND DAY OF SEPTEMBER 2019 / 11TH BHADRA, 1941
Crl.MC.No.5781 OF 2019(C)
IN SC 362/2014 OF COURT OF THE PRINICIPAL ASSISTANT SESSIONS JUDGE, THIRUVANANTHAPURAM
CRIME NO.554/2011 OF VELLARADA POLICE STATION, THIRUVANANTHAPURAM RURAL
PETITIONER/ACCUSED:
SREEKANTH
AGED 46 YEARS S/O PRABHAKARAN, LEELA BHAVAN, KUTTIYANIKKADU DESOM, KEEZHAROOR VILLAGE, KEEZHAROOR POST, THIRUVANANTHAPURAM-695124.
BY ADVS. SRI.G.P.SHINOD SRI.RAM MOHAN.G. SRI.GOVIND PADMANAABHAN SRI.AJIT G.ANJARLEKAR
RESPONDENTS/STATE AND DE-FACTO COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA, ERNAKULAM.
2 THE STATION HOUSE OFFICER, VELLARADA POLICE STATION, VELLARADA POST, THIRUVANANTHAPURAM-695 505.
BY SRI.C.K.PRASAD, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02.09.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Dated this the 2nd day of September 2019
A direction to the Principal Assistant Sessions Judge,
Thiruvananthapuram to consider and pass orders in the application seeking to recall the Non Bailable Warrant (for short 'NBW'), if any filed by the petitioner in S.C.No.362 of 2014, which arose from Crime No.554 of 2011 of Vellarada Police Station, Thiruvananthapuram Rural, on the date of surrender itself is sought in the petition on hand. The petitioner is the sole accused in S.C.No.362 of 2014 of Principal Assistant Sessions Court, Thiruvananthapuram.
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below. NBW was issued against him and the case was posted to 17.08.2019. On his apprehension that, he would be remanded after dismissing his application to recall the warrant, the petition on hand is moved seeking the relief stated hereinabove.
In view of the report filed by the Principal Assistant Sessions Judge, Thiruvananthapuram, this Court finds no reason to maintain this Crl.M.C on the files of this Court.
In the result, the Crl.M.C stands dismissed.
Sd/-
MARY JOSEPH
JUDGE
NAB
Sreekanth
State of Kerala
Mary Joseph
As recorded by the court registry
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