Rejith vs State Of Kerala

Citation : 2022 Latest Caselaw 7068 Ker
Judgement Date : 17 June, 2022

Kerala High Court
Rejith vs State Of Kerala on 17 June, 2022
           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
           THE HONOURABLE MRS. JUSTICE MARY JOSEPH
    FRIDAY, THE 17TH DAY OF JUNE 2022 / 27TH JYAISHTA, 1944
                       CRL.A NO. 896 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 2886/2021 OF DISTRICT COURT
                    & SESSIONS COURT,TRIVANDRUM
APPELLANTS/ACCUSED 1 TO 3:

    1     REJITH.,AGED 38 YEARS
          S/O. RAVEENDRAN,
          JALAJABHAVAN, THACHODU, MUTTAPALAM P.O. VARKALA,
          THIRUVANANTHAPURAM DISTRICT.
    2     SUNIL.S., AGED 40 YEARS
          S/O. SUDARSANAN,
          MELEVLA VEEDU, MUTTAPALAM, P.O. VARKALA,
          THIRUVANANTHAPURAM DISTRICT.
    3     VINEETH S., AGED 28 YEARS
          S/O. SULEKHA,
          SV COTTAGE, MUTTAPALAM P.O., VARKALA,
          THIRUVANANTHAPURAM DISTRICT.
          BY ADV P.ANOOP (MULAVANA)
RESPONDENT/STATE:

    1     STATE OF KERALA,
          REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH
          COURT OF KERALA, ERAKULAM 682 031.
    *2    ADDL 2.SHEELA,AGED 52 YEARS
          D/O.PONNAMMA,CHARU VILA PUTHEN VEEDU,CHAVADI
          MUKKU,CHEMMARUTHY,
          THIRUVANANTHAPURAM DISTRICT-695 146
          (IMPLEADED AS PER ORDER DATED 09.12.2021 IN
          CRL.M.A.1/2021)
OTHER PRESENT:

          PP SRI M P PRASANTH
     THIS CRIMINAL APPEAL HAVING COME UP FOR ADMISSION ON
09.12.2021, THE COURT ON 17.06.2022, DELIVERED THE FOLLOWING:
 Crl.A. No. 896 of 2021
                                  -:2:-


                             MARY JOSEPH, J.
                   -----------------------
                         Crl.A. No. 896 of 2021
                   -----------------------
                  Dated this the 17th day of June, 2022


                              JUDGMENT

This appeal is directed against an order passed by Court of Sessions, Thiruvananthapuram on 17.11.2021 in Crl.M.C. No.2886 of 2021.

2. It is noticed that Crl.M.C No.2886 of 2021 filed seeking pre-arrest bail was dismissed on the basis of a memo filed by the petitioner stating that it is not pressed. Against that order this appeal is preferred. Appeal is liable to be filed to challenge the illegality, impropriety and infirmity of an order passed by the court below.

In the case on hand an order was not passed on merits by Court of Sessions, Thiruvananthapuram in the application moved seeking bail by the petitioner as Crl.M.C. No.2886 of 2021. On the contrary, it was dismissed on the basis of a memo filed by the petitioner stating that the application is not pressed. There is Crl.A. No. 896 of 2021 -:3:- nothing to be interfered with in the impugned order and therefore, Crl.Appeal is dismissed.

Sd/-

MARY JOSEPH, JUDGE.

ttb Crl.A. No. 896 of 2021 -:4:- APPENDIX OF CRL.A 896/2021 PETITIONERS' ANNEXURES :

Annexure 1 TRUE COPY OF THE FIR AND FIS IN CRIME NO. 1808/2021 OF AYIROOR POLICE STATION, THIRUVANANTHAPURAM DISTRICT. Annexure 2 TRUE COPY OF THE COMPLAINT NO CMP 6249/2021 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VARKALA DATED 26.10.2021.

Annexure 3 TRUE COPY OF THE FIR AND FIS IN CRIME NO. 1814/2021 OF AYIROOR POLICE STATION. //TRUE COPY// Sd/-

P.S. TO JUDGE