Binu vs State Of Kerala
2021 Latest Caselaw 12144 Ker

Crl.MC.No.1685 OF 2021(A)                 1




                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                     THE HONOURABLE MR. JUSTICE K.HARIPAL

     TUESDAY, THE 20TH DAY OF APRIL 2021 / 30TH CHAITHRA, 1943

                            Crl.MC.No.1685 OF 2021(A)

    AGAINST THE JUDGMENT IN SC 1538/2006 OF ADDITIONAL SESSIONS
                        COURT - IV, KOLLAM

PETITIONER/ACCUSED:

                   BINU
                   AGED 42 YEARS
                   S/O. GOPALAN, CHADUKKUNNINPURATHU VEEDU,
                   THACHAKKOTTU, KARAVALOOR VILLAGE, NEELAMUGAL,
                   KOLLAM DISTRICT, 691 333.

                   BY ADVS.
                   SRI.R.SURAJ KUMAR
                   SRI.SUNIL J.CHAKKALACKAL
                   SMT.ANJANA R.S.

RESPONDENT/STATE:

                   STATE OF KERALA
                   REPRESENTED BY THE PUBIC PROSECUTOR
                   HIGH COURT OF KERALA, ERNAKULAM.



                   SR.PP - SRI. K.B.UDAYAKUMAR

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.1685 OF 2021(A)                     2




                                  O R D E R

Dated this the 20th day of April 2021

The petitioner is the 2nd accused in Crime No.289/2005

of Punalur Police Station, which ended in filing a final

report and the case was being tried by the Additional

Sessions Court, Kollam in S.C.No.1304/2008.

2. According to the learned counsel for the

petitioner he faced substantial portion of the trial and that

at the stage of recording the statement under Section 313

Cr.P.C he went absconding. The learned counsel for the

petitioner submits that the petitioner is a mentally

challenged person. Whatever it may be, S.C.No.1304/2008

ended in acquittal of the 1st accused by Annexure I

judgment dated 11.12.2017. Now the case against the

petitioner has been refiled as L.P No.33/2015. The

petitioner is prepared to surrender before the trial court.

The limited prayer is to direct the learned Additional

Sessions Judge, IV, Kollam to enlarge the petitioner on bail,

on his surrender.

3. The petitioner is at liberty to surrender before

the learned Additional Sessions Judge IV, Kollam where

the L.P is pending. I have no doubt that the application

for bail, if any, moved shall be considered promptly, on the

day of his surrender. The learned Sessions Judge may

consider his antecedents and also the fact, if any, he was

in judicial custody during the stage of enquiry or trial,

while disposing of the application for bail.

With these observations, this Crl.M.C is closed.

Sd/-

K.HARIPAL

JUDGE ab

APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE JUDGMENT DATED 11.12.2017 IN SESSION CASE NO.

1304/2008 ON THE FILE OF THE ADDITIONAL SESSIONS JUDGE I KOLLAM.

     RESPONDENT EXHIBITS       :   NIL