IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 13TH DECEMBER 2011 / 22ND AGRAHAYANA 1933 Crl.MC.No. 4250 of 2011 ---------------------------------- [CC.NO.56/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, RANNI] .................... PETITIONER/ACCUSED NO.1: ------------------------------------------ VINOD, S/O. VIDHYADHARAN, VAYARANMARUTHICKAL, VAYARANMARUTHI, PERUNAD. BY ADVS. SRI.M.T.SURESHKUMAR, SRI.RAJA VIJAYARAGHAVAN. RESPONDENT/DEFACTO COMPLAINANT AND STATE: ------------------------------------------------------------------------------- STATE OF KERALA, REPERSENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SMT. JASMINE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.4250/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: TRUE COPY OF THE FIR IN CR.22/2007 OF PERINADU POLICE STATION DATED 17/2/2007. ANNEXURE A2: A TRUE COPY OF THE FINAL REPORT DT.28/2/2007 IN CR.22/2007 OF PERINADU POLICE STATION. ANNEXURE.A3: TRUE COPY OF THE JUDGMENT DT.7/3/2011 IN CC 101/07 OF THE JUDICIAL MAGISTRATE OF FIRST CLASS I,RANNY. ANNEXURE.A4: TRUE COPY OF THE JUDGMENT DT.28/10/2011 THE COURT OF ADDITIONAL DISTRICT AND SESSIONS JUDGE (AD-HOC) FAST TRACK COURT-III,PATHANAMTHITTA IN CRA.57/2011. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4250 of 2011 ------------------------------------------ Dated this the 13th day of December, 2011 ORDER Petitioner is the first accused in CC.101/2007 of JFCM – I, Ranni. There were altogether two accused. The offences alleged against them are under Sections 447, 324 and 427 r/w 34 IPC. The petitioner appeared before the court and participated in the trial. But when the case was posted for 313 statement of the accused, the petitioner could not appears as he was stated to have obtained employment abroad and left the country. Hence further trial could be proceeded only against A2. A2 was convicted by the trial court as per Annexure – A3 judgment. Since this accused was absconding, the case against him was split-up and refiled as C.C. 56/11. The other accused was convicted by the learned Magistrate. It is submitted by the learned counsel for the petitioner that as per Annexure-4 judgment, appellate court acquitted A2. Since the petitioner was absconding, non-bailable warrant was Crl.M.C.No. 4250 of 2011 -: 2 :- issued against him which was pending against him. Now he apprehends that if he is arrested or if he surrenders before court, he will be remanded. The learned counsel for the petitioner submits that the petitioner could not appear before court only because he got employment abroad and had to leave the country at the stage of 313 statement, for, otherwise he could have waited for some more time to receive the verdict. Hence the petitioner submits that his application for bail may be ordered to be considered by the learned Magistrate on the same day. Considering all the aspects, the following direction is issued:- The petitioner will surrender before JFCM – I, Ranni within two weeks from today. He will apprise the learned Magistrate of the grounds which have been stated above in which case the learned Magistrate will dispose of his bail application as expeditiously as possible. N.K. BALAKRISHNAN, JUDGE. smvd