IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
CRL.MC NO. 4329 OF 2022
LP 47/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS , SASTHAMCOTTA
CRIME NO.31/2001 OF SOORANAD POLICE STATION
PETITIONER/ACCUSED - A5:
SAYILAL
AGED 34 YEARS
S/O GANGADHARAN NAIR,
CINNA VILLA, MANAKKARA MURI,
SASTHAMCOTTA P.O, KOLLAM DISTRICT-690521.,
FROM- CHANDRALAYAM HOUSE, PUTHUPPALLI LANE,
MEDICAL COLLEGE WARD, ULLOOR VILLAGE,
THIRUVANANTHAPURAM DISTRICT, PIN - 695011
BY ADV P.V.DILEEP
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031
2 THE STATION HOUSE OFFICER
SOORANAD POLICE STATION, SOORANAD .P.O,
KOLLAM DISTRICT, PIN - 690522
ADV SUDHEER GOPALAKRISHNAN- PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 4329 OF 2022
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ORDER
The petitioner is the 5th accused in Crime N.31/2001 of Sooranad Police Station which was registered for the offences punishable under Sections 143, 147, 148, 323, 324 and 149 of Indian Penal Code.
2. The aforesaid case is now pending as L.P. No.47/2011 as against the petitioner herein. It is pointed out that, Annexure 1 is the final report submitted by the Police and cognizance thereon was taken by the Judicial First Class Magistrate Court, Sasthamcotta as C.C. No.363/2006. It is submitted by the petitioner that all the accused persons except the petitioner have participated in the trial conducted in the said case and as per judgment dated 24.01.2011 all the other accused persons were acquitted. The case against the petitioner was split up and re- numbered as C.C. No.70/2011. However, as the petitioner was abroad, he could not appear before the trial court and accordingly a non bailabe warrant was happened to be issued. Now the same is included in the Long Pending Register. Now the petitioner has approached this Court seeking for a liberty to surrender before the trial court and also for a direction to consider his application for bail on the date of surrender itself.
CRL.MC NO. 4329 OF 2022 3
3. Considering the facts and circumstances of the case and also taking into account the fact that all the other accused persons were already acquitted, it is only proper that the trial against the petitioner is also to be completed as expeditiously as possible. For completing the said exercise appearance of the petitioner is absolutely necessary. In such circumstances, some indulgence can be shown.
In the result, this Crl.M.C. is disposed of directing the petitioner to surrender before the Judicial First Class Magistrate Court, Sasthamcotta within a period of two weeks from today and to submit an application for bail. Upon such surrender and submission of application, the learned Magistrate shall take up the said application and pass appropriate orders thereon positively on the date of surrender itself. To facilitate the petitioner to do so, the execution of non bailable warrant shall be kept in abeyance for a period of two weeks from today or till the date of surrender whichever is earlier.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE scs CRL.MC NO. 4329 OF 2022 4 APPENDIX OF CRL.MC 4329/2022 PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 31/2001 OF THE SOORANAD POLICE STATION