Shiju vs The Station House Officer
2021 Latest Caselaw 1489 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

    THURSDAY, THE 14TH DAY OF JANUARY 2021 / 24TH POUSHA, 1942

                     Crl.MC.No.5780 OF 2020(B)

 AGAINST THE JUDGMENT IN SC 807/2017 OF   SESSIONS COURT,MANJERI

    CRIME NO.1307/2015 OF Ponnani Police Station , Malappuram


PETITIONER/ACCUSED NO.4:

             SHIJU,
             AGED 40 YEARS
             S/O. VALAYUDHAN, KALARIKKAL HOUSE, CHERUVAYIKKARA,
             KOTTATHARA, PONNANI P.O., MALAPPURAM-679 577

             BY ADVS.
             SRI.K.R.AVINASH (KUNNATH)
             SRI.ABDUL RAOOF PALLIPATH
             SRI.E.MOHAMMED SHAFI
             SRI.PRAJIT RATNAKARAN
             SRI.C.H.ABDUL RASAC
             SHRI. RAJ CAROLIN V.

RESPONDENT/COMPLAINANT AND STATE:

      1      THE STATION HOUSE OFFICER
             PONNAI POLICE STATION, PONNANI SOUTH P.O.,
             MALAPPURAM-679 577

      2      STATE OF KERALA,
             REPRESENTED THOUGH PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM-682 031


OTHER PRESENT:

             PP T.R.RENJITH

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.01.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.5780 OF 2020(B)     ..2..




                            ORDER

Dated this the 14th day of January 2021

The prayer in this Criminal M.C.is to quash the

further proceedings in S.C.No.807/2017 on the files

of the Sessions Court, Manjeri. When the matter was

taken up for consideration, the learned Counsel for

the petitioner submits that the petitioner will be

satisfied if he is permitted to surrender before the

Sessions Court and move an application for bail

immediately and thereafter, to file an application for

discharge. It is submitted that the petitioner, was

working abroad and has now returned to India and

wants to surrender before the court. But, the

petitioner is apprehensive that the court may remand

him on appearance.

Crl.MC.No.5780 OF 2020(B) ..3..

2. Considering the limited relief sought, the

petitioner is permitted to surrender before the

Sessions Court, Manjeri and to move an application

for bail with advance notice to the Public Prosecutor

concerned. In such event, the learned Sessions Judge

shall consider the bail application on the date of

surrender and pass appropriate orders on the same

day. While considering the bail application, the court

shall verify the entries in the petitioner's passport to

ensure that the submission of the petitioner being

abroad during the relevant period, is correct.

3. It is fairly conceded by the learned Counsel

for the petitioner that, the petitioner had moved an

application seeking discharge on an earlier occasion

and had withdrawn that application on legal advice.

Withdrawal of the earlier application will not Crl.MC.No.5780 OF 2020(B) ..4..

preclude the petitioner from making a fresh

application.

The Criminal M.C.is disposed of accordingly.

Sd/-

                                               V.G.ARUN
     SB/14/01/2021                               JUDGE
 Crl.MC.No.5780 OF 2020(B)        ..5..




                            APPENDIX
     PETITIONER'S/S EXHIBITS:

     ANNEXURE-1         TRUE COPY OF THE FIRST INFORMATION
                        REPORT IN CRIME NO.1307/2015 OF

PONNANI POLICE STATION, MALAPPURAM DISTRICT

ANNEXURE-2 TRUE COPY OF THE FINAL REPORT IN CRIME NO.1307/2015 OF PONNANI POLICE STATION, MALAPPURAM DISTRICT

ANNEXURE-3 TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER //true copy// P.A to Judge