2025:KER:27707 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 1ST DAY OF APRIL 2025/11TH CHAITHRA, 1947 CRL.MC NO. 2637 OF 2025 AGAINST THE ORDER/JUDGMENT IN CC NO.723 OF 2021 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM PETITIONER/1ST ACCUSED: SHAMSUDHEEN BASHEER AGED 37 YEARS, S/O.C.BASHEER, CHERUKUTTI HOUSE, THIKKODI P.O, PERUMALPURAM KOZHIKODE, PIN - 673529 BY ADVS. V.P.MOHAMMED NIYAZ M.P.MUHAMMAD FAZIL SHEREEF J. AUGNES LOVELY FRANCIS RESPONDENTS/STATE: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 *2 DEPUTY COMMISSIONER OF CUSTOMS CUSTOMS PREVENTIVE DIVISION, THIRUVANANTHAPURAM DISTRICT, PINCODE 695031 (*ADDITIONAL R2 IMPLEADED AS PER ORDER DATED 01.04.2025 IN CRL.M.APPL NO. 2 OF 2025) SRI. RENJITH GEORGE, SR.PP. SRI. P.G. JAYASHANKAR FOR R2. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 2637 OF 2025 2 2025:KER:27707 O R D E R Dated this the 1st day of April, 2025 Petitioner is the 1st accused in C.C. No.723 of 2021 pending on the files of the Additional Chief Judicial Magistrate Court (Economic Offences), Ernakulam. The petitioner’s failure to appear in court after issuance of summons has resulted in issuance of non-bailable warrant and initiation of other coercive proceedings. 2. This Crl.MC is filed seeking an opportunity to surrender before the court and a direction to consider petitioner’s bail application on the day of surrender itself. 3. Learned Counsel for the petitioner submits that his client is employed in Qatar and is desirous of surrendering before the court. It is assured that the petitioner will appear before the court on 05.04.2025, the next posting date. 4. I heard the learned Standing Counsel for CRL.MC NO. 2637 OF 2025 3 2025:KER:27707 the Customs Department. 5. Considering the willingness expressed and the limited relief sought, the Criminal Miscellaneous Case is disposed of with the following directions; i) Petitioner shall appear in court on the next posting date itself. ii) Orders on the bail application submitted by the petitioner shall be passed on the day of surrender itself. iii) Execution of the non-bailable warrant pending against the petitioner shall be kept in abeyance for a period of ten days. Sd/- V.G.ARUN JUDGE ARK CRL.MC NO. 2637 OF 2025 4 2025:KER:27707 APPENDIX OF CRL.MC 2637/2025 PETITIONER ANNEXURES ANNEXURE A1 TRUE COPY OF THE CASE STATUS REPORT OF C.C NO.723/2021 ON THE FILES OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCE), ERNAKULAM DOWNLOADED FROM THE E- COURT SITE ANNEXURE A2 TRUE COPY OF THE RELEVANT PAGES OF PETITIONER’S PASSPORT NO. 8304390 HAVING THE PAGE OF EXIT AND ARRIVAL SEAL DATED 11-11- 2021 OF CALICUT INTERNATIONAL AIRPORT AND QATAR AIRPORT