The court allows surrender and bail application with conditions.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN FRIDAY, THE 11^TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 CRL.MC NO. 3622 OF 2025 CRIME NO.1848/2017 OF Palarivattom Police Station, Ernakulam AGAINST THE ORDER DATED IN CC NO.264 OF 2018 OF JUDICIAL MAGISTRATE OF FIRST CLASS - IX, ERNAKULAM PETITIONER:

VINU @ RAPHEL AGED 52 YEARS S/O SABASTINE,PANAYIL HOUSE,AMALA BHAVAN ROAD, CHILAVANOOR,ERNAKULAM DISTRICT,KERALA, PIN - 682020 BY ADVS.

M.BAIJU NOEL T.S.LIKHITHA JITHIN T.P.

NEHA MARIA RESPONDENT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ,ERNAKULAM, PIN - 682031 SMT. PUSHPALATHA. M.K, SR.PP.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

The petitioner is the 2^nd accused in Crime No.1848 of 2017 registered at the Palarivattom Police Station for offences under Sections 406 , 420 and 385 read with 34 of IPC , now pending as CC No.264 of 2018 on the files of the Judicial First Class Magistrate Court - IX, Ernakulam. The petitioner was arrested at the stage of investigation and released on bail by the Police. The petitioner's failure to appear in court after filing of the final report has resulted in the issuance of non-bailable warrant against him. The petitioner is desirous of surrendering in court but is apprehensive that his bail application will not be considered on the day of surrender.

2. I heard the learned counsel for the petitioner and the learned Public Prosecutor.

3. Considering the willingness to surrender expressed by the petitioner and the limited relief sought, the Crl.M.C. is disposed of as under;

i. The petitioner shall surrender before the trial court and move an application for bail, with advance notice to the Public Prosecutor, within three weeks.

ii. If petitioner surrenders within the time granted, the learned Magistrate shall pass orders on the bail application on the day of surrender itself.

iii. Execution of the warrant pending against the petitioner shall be kept in abeyance for three weeks.

Sd/-

V.G.ARUN GBG JUDGE APPENDIX OF CRL.MC 3622/2025 PETITIONER ANNEXURES Annexure -1 TRUE COPY OF THE FIR NO.1848/2017 DATED 15.11.2017 Annexure -2 TRUE COPY OF THE PROCEEDINGS CNR NO.KLER680031852018 DATED 16.05.2019 UPLOADED IN THE WEBSITE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT –IX ,ERNAKULAM Annexure -3 TRUE COPY OF THE ORDER DATED

22.03.2022 IN CRL.M.C. NO. 1898/2022 PASSED BY THE HON’BLE HIGH COURT OF KERALA Annexure -4 TRUE COPY OF THE COURT PROCEEDINGS TAKING FROM THE E-COURT WEBSITE CNR NO.KLER680031852018 DATED 28-02-2025