2025:KER:24998 CRL.MC NO. 2338 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 CRL.MC NO. 2338 OF 2025 CRIME NO.776/2015 OF POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM AGAINST THE ORDER/JUDGMENT IN CC NO.1282 OF 2015 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM PETITIONER: MUHAMMED SHAJI AGED 42 YEARS S/O MUHAMMED NUHU, RESIDING AT T.C. 8/802, AYISHA MANZIL, T.V. NAGAR, THIRUMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695006 BY ADVS. J.R.PREM NAVAZ PREETHA RANI M.S. SUMEEN S. MUHAMMED SWADIQ M.R.ALPHY GEORGE RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 PREM PRABHAD AGED 41 YEARS, S/O PRASANNAKUMAR, 2025:KER:24998 CRL.MC NO. 2338 OF 2025 2 RESIDING AT SOORYA PRABHA, T.C. NO: 8/813, T.V. NAGAR, THIRUMALA VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695006 BY SR.PP.PUSHPALATHA M.K. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:24998 CRL.MC NO. 2338 OF 2025 3 ORDER Petitioner is the 1st accused in Crime No.776 of 2015 registered at the Poojappura Police Station for offences punishable under Sections 341, 294(b), 447, 323, 324 and 325 r/w Section 34 of IPC. On filing of final report, the case was numbered as C.C.No.1282 of 2015 on the files of the Additional Chief Judicial Magistrate Court, Thiruvananthapuram. Petitioner was granted bail by the jurisdictional Magistrate and thereafter, he went abroad. Petitioner’s failure to appear in court resulted in issuance of non-bailable warrant and initiation of coercive measures against him. Even though the prayer in this Crl.M.C is to quash the proceedings against the petitioner, learned counsel submitted that his client will be satisfied with an opportunity to surrender and a direction to the court below to consider his bail application on the day of surrender itself. 2. It is submitted that the petitioner was compelled to go abroad, since delay would have resulted in loss of employment. It is submitted that the petitioner is ready and willing to surrender in court, but is apprehensive that his bail application 2025:KER:24998 CRL.MC NO. 2338 OF 2025 4 will not be considered on the day of surrender. 3. I heard the learned Public Prosecutor also. Considering the limited relief sought, the Crl.M.C. is disposed of with the following directions; i) The petitioner shall surrender before the trial court and move an application for bail, with advance notice to the Public Prosecutor, within two weeks. ii) If petitioner surrenders within the time granted, orders on his bail application shall be passed on the day of surrender itself. iii) Execution of the warrant pending against the petitioner shall be kept in abeyance for two weeks. Sd/- V.G.ARUN JUDGE SPV 2025:KER:24998 CRL.MC NO. 2338 OF 2025 5 APPENDIX OF CRL.MC 2338/2025 PETITIONER’S ANNEXURES ANNEXURE A1 THE TRUE COPY OF FIR IN CRIME NO: 776 OF 2015 OF POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT ANNEXURE A2 THE TRUE COPY OF FINAL REPORT/CHARGE SHEET IN CRIME NO: 776 OF 2015 OF POOJAPPURA POLICE STATION, THIRUVANANTHAPURAM DISTRICT RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE