For Information Purpose Only vs Haleel Muhammed
2021 Latest Caselaw 5226 Ker

Crl.MC 827/2021                            1/3

                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        Present:
                      THE HONOURABLE MR.JUSTICE V.G.ARUN

                  Friday,the 12th day of February 2021/23rd Magha,1942
                                  Crl.MC No.827/2021
LP No.4/2006 of the II ADDITIONAL SESSIONS COURT-II,THODUPUZHA

    For information purpose only
PETITIONER/ACCUSED

      HALEEL MUHAMMED,AGED 42 YEARS
      S/O.HABEEB MUHAMMED, BLOCK NO.500, CHOTTUPARA P.O., IDUKKI
      DISTRICT-685552.
RESPONDENTS/COMPLAINANT

      STATE OF KERALA
      REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
      ERNAKULAM-682031.

  This petition coming on for admission upon perusing the petition and upon
hearing the arguments of MR. E.A.HARIS, Advocate for the petitioner and the
PUBLIC PROSECUTOR for the respondent, the court passed the following



MLG/172/21                                                               (P.T.O
)
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                                V.G.ARUN, J.
                                  ------------
                          Crl.MC No.827 of 2021
                                  ------------
                  Dated this the 12th day of February 2021


    For information purpose only
                 ORDER

The petitioner is the accused in Crime No.268/2002 of Peermedu Police Station, registered for offences punishable under Sections 143, 147, 148, 452, 308, 326 r/w 149 of IPC. On completion of investigation, the case was committed and taken on file as S.C.No.509/2003 on the files of the Additional Sessions Court-II, Thodupuzha. Accused Nos. 1, 2, 3, 6, 8 and 12, faced trial in the case and were acquitted vide Annexure- A2 judgment. The case against the other accused including the petitioner was split up and re-filed as S.C.No.336/2006, later re-numbered as S.C.No.522 of 2007. By Annexure-A3, accused Nos.4, 5, 7 and 11 were acquitted. The petitioner did not appear in that case also and therefore, the case against him was split up and is now pending as L.P.No.4/2006 on the files of the Additional Sessions Court-II, Thodupuzha. The petitioner seeks to quash the proceedings against him on the strength of the judgment of acquittal rendered in the case of the other accused.

2. The question as to whether proceedings against the petitioner can be quashed, based on acquittal of the other accused, would be considered only on the petitioner Crl.MC 827/2021 3/3

submitting himself to the process of law.

3. Therefore, as an interim measure, petitioner is directed to surrender before the Additional Sessions Court-II, Thodupuzha in L.P.No.4/2006 and is permitted to move an application for bail with advance notice to the Public For information purpose only Prosecutor. In such event, the learned Additional Sessions Judge shall consider the bail application on the date of surrender and pass appropriate orders thereon on the same day. While effecting such consideration, the learned Magistrate shall take into account the fact that the co-accused have been acquitted. In order to provide an opportunity for the petitioner to surrender and move an application for bail, the non-bailable warrant issued against him shall be kept in abeyance for a period of ten days.

Post when moved again.

Sd/-

V.G.ARUN,JUDGE SB/12/02/2021

/true copy/ Sd/-

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