2025:KER:27504 CRL.MC NO. 3053 OF 2025 1 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. 3053 OF 2025 AGAINST THE ORDER/JUDGMENT IN CC NO.2446 OF 2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KODUNGALLUR PETITIONERS: 1 T.K.ISMAIL AGED 62 YEARS S/O.ABUBEKKER, RESIDING AT THEEKKUNNUMMEL HOUSE, PARAKKADAVU P.O., NADAPURAM, CHEKKIAD VILLAGE, VADAKARA TALUK, KOZHIKODE DIST, PIN - 673509 2 JAISAL.T.K AGED 41 YEARS S/O. ISMAIL, RESIDING AT THEEKKUNNUMMEL HOUSE, PARAKKADAVU P.O., NADAPURAM, CHEKKIAD VILLAGE, VADAKARA TALUK, KOZHIKODE DIST, PIN - 673509 BY ADV THAREEK T.S. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 2 SHAJI.K.H S/O.HAMSA, V. P. NAIR ROAD, 2025:KER:27504 CRL.MC NO. 3053 OF 2025 2 MATHILAKAM, PERINJANAM, MOONUPEEDIKA WEST, THRISSUR DIST, PIN - 680686 BY SRI. RENJITH GEORGE, SR.PP. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 2025:KER:27504 CRL.MC NO. 3053 OF 2025 3 ORDER Petitioners are the accused in C.C.No.2446 of 2017 on the files of the Judicial First Class Magistrate Court, Kodungallur. After enlargement on bail, the petitioners failed to appear in court, resulting in issuance of non-bailable warrants and initiation of coercive measures. This Crl.M.C is filed seeking an opportunity to surrender and for a direction to the court below to consider petitioners’ bail application on the day of surrender itself. 2. Learned counsel for the petitioners submits that the petitioners were compelled to leave the state on the 2nd petitioner securing employment in Bangalore and their absence was not willful. It is submitted that the petitioners are desirous of surrendering in court but are apprehensive that their bail application will not be considered on the same day. 3. I heard the learned Public Prosecutor also. Considering the willingness expressed and the limited reliefs sought, the Crl.M.C. is disposed of as under; i) The petitioners shall surrender before the trial court and 2025:KER:27504 CRL.MC NO. 3053 OF 2025 4 move an application for bail, with advance notice to the Public Prosecutor, within two weeks. ii) If petitioners surrender within the time granted, learned Magistrate shall pass orders on the bail application on the day of surrender itself. iii) Execution of the warrant pending against the petitioners shall be kept in abeyance for two weeks. Sd/- V.G.ARUN JUDGE SPV 2025:KER:27504 CRL.MC NO. 3053 OF 2025 5 APPENDIX OF CRL.MC 3053/2025 PETITIONERS ANNEXURES ANNEXURE A1 A TRUE COPY OF THE DAILY STATUS REPORT DATED 13.03.2025 IN C.C.2446/2017 ON THE FILES OF JUDICIAL FIRST-CLASS MAGISTRATE COURT, KODUNGALLUR, OBTAINED FROM THE WEBSITE 'SERVICES.ECOURTS.GOV.IN' RESPONDENTS’ ANNEXURES : NIL //TRUE COPY// PA TO JUDGE