Disposed

Udhayakumar, v. State of Kerala

Kerala HC22 Dec 2022Crl.MC/9442/2022

Case brief

AI extract

What is this about?

Petitioner accused in IPC 408/465/468 case, released on bail earlier, failed to appear when summons issued due to working abroad. Seeks direction to allow surrender within four weeks and consider bail application on surrender date. Court grants indulgence.

What did the court decide?

Granted direction to surrender within four weeks; execution of non-bailable warrants kept in abeyance; bail application to be considered on surrender date.

Udhayakumar, Vs State of Kerala — Bail and Remand | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

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THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944

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CRL.MC NO. 9442 OF 2022

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CRIME NO. 394/2008 OF VALANCHERY POLICE STATION

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AGAINST THE ORDER/JUDGMENT IN LP 51/2022 OF JUDICIAL MAGISTRATE OF
FIRST CLASS, TIRUR

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PETITIONER:

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UDHAYAKUMAR
AGED 45 YEARS

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S/O KUTTINARAYANAN, VAKKATT VASANTHA NIVAS,
THANALOOR AMSOM, K.PURAM DESOM, TIRUR TALUK,
MALAPPURAM DISTRICT-676307., PIN - 676307

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BY ADV RAJIT

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RESPONDENTS:

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1STATE OF KERALA
STATE OF KERALA, REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031., PIN - 682031
22. P.MUHAMMADALI
AGED 60 YEARS

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MANAGING DIRECTOR, VAYDHAYRNTHANAPRABHA
VYDHAYASALA,IRUBILIYAM,VALANCHEERY,
MALAPPURAM DISTRICT-676572., PIN - 676572

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OTHER PRESENT:

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ADV. SREEJA. V - PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

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22.12.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 9442 OF 2022

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ZIYAD RAHMAN A.A., J. ======================== Crl.M.C.No. 9442 of 2022 ========================= Dated this the 22^nd day of December, 2022

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O R D E R

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Petitioner is the accused in Crime No. 394/2008 of Valanchery Police Station, which is now pending before the Judicial First Class Magistrate’s Court-I, Tirur as LP No. 51 of 2022. The aforesaid crime was registered against the petitioner for the offences punishable under Sections 408, 465 and 468 of Indian Penal Code.

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The petitioner was released on bail during the crime stage. But later, when the summons was issued by the learned Magistrate after taking cognizance of the offences, he could not appear, as he was working aboard at the relevant time. Now the petitioner expresses his willingness to surrender before the court, but the apprehension of the petitioner is that, he likely to be detained in the event of surrender. He seeks for a direction to the learned Magistrate, to consider the application submitted for bail, on the date of surrender itself.

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CRL.MC NO. 9442 OF 2022

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After considering all the relevant aspects, I am of the view that, some indulgence can be shown by granting an opportunity to the petitioner to surrender before the learned Magistrate.

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In such circumstances, this Crl.M.C. is disposed of directing the petitioner to surrender before the Judicial First Class Magistrate Court-I, Tirur within a period of four weeks from today and submit necessary applications for bail and to recall the warrants. In the event of such surrender and submission of applications, the same shall be considered by the learned Magistrate, positively on the date of surrender itself, provided the petitioner gives advance notice to the Public Prosecutor concerned. To enable the petitioner to do so, execution of the non-bailable warrants shall kept in abeyance for a period of four weeks from today or till the date of surrender, whichever is earlier.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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CRL.MC NO. 9442 OF 2022

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APPENDIX OF CRL.MC 9442/2022

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PETITIONER ANNEXURES :

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ANNEXURE1A CERTIFIED COPY OF THE FINAL REPORT
FILED BY THE VALANCHEERY POLICE BEFORE
THE JFCM COURT-1,TIRUR DATED
30.09.2009
ANNEXURE2A TRUE COPY OF THE PROCEEDINGS
DOWNLOADED FROM E COURT SERVICE

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// True Copy // PA To Judge

Udhayakumar, v. State of Kerala

Case brief

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Udhayakumar, v. State of Kerala

Case brief

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