Kerala High Court
Satheesh vs State Of Kerala on 1 July, 2021
Crl.MC No.1133/2021 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ASHOK MENON
THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
CRL M.C.NO.1133 OF 2021
CRIME NO.31/2008 OF CBCID, PALAKKAD, Palakkad
SC 392/2009 OF III ADDITIONAL DISTRICT COURT,III PALAKKAD, PALAKKAD
PETITIONERS/ACCUSED NO.9:
1. SATHEESH AGED 42 YEARS S/O.RAMACHANDRAN NAIR, PERMANENT RESIDENT
OF PALKULANGARA, KAITHAMUKKU, THIRUVANANTHAPURAM.
RESPONDENTS/STATE:
1. STATE OF KERALA REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM PIN 678 031.
This Crl.MC again coming for orders upon perusing the application
and this court's order dated 22/03/2021 in Crl.M.A.1133/2021 and
upon hearing the arguments of MR.RAJESH SIVARAMANKUTTY, Advocate
for the petitioner, and of PUBLIC PROSECUTOR, for the respondent,
the court passed the following:
Crl.MC No.1133/2021 2/5
APPENDIX OF /
PETITIONER ANNEXURE
ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT AND TAKEN ON FILE
IN C.P.NO.32/2011 AND PRODUCED IN S.C.NO.392/2009
ANNEXURE B CERTIFIED COPY OF THE ORDER DATED 21.3.2012 IN
C.P.NO.32/2011 PASSED BY THE JUDICIAL FIRST CLASS
MAGISTRATE-III, PALAKKAD INCLUDING THE DIARY EXTRACT
IN C.P.NO.32/2011 ON THE FILES OF JUDICIAL FIRST
CLASS MAGISTRATE - III, PALAKKAD.
ANNEXURE C CERTIFIED COPY OF THE JUDGMENT DATED 28.10.2020 IN
S.C.NO.392/2009 PASSED BY THE ADDITIONAL SESSIONS
JUDGE-III, PALAKKAD.
ANNEXURE D TRUE COPY OF THE RESIDENT CARD ISSUED TO THE
PETITIONER FROM SULTANATE OF OMAN.
ANNEXURE E TRUE COPY OF THE RELEVANT PAGES OF THE PASSPORT OF
THE PETITIONER DURING 2006 TO 2016.
Crl.MC No.1133/2021 3/5
ASHOK MENON, J.
------------------------------------
Crl.MC No.1133 of 2021
-------------------------------------
Dated this the 1st day of July, 2021
ORDER
The petitioner is the ninth accused in Crime No.31/2008 of
Railway Police Station (CBCID) for having allegedly committed
offences punishable under Sections 120B, 170, 364, 395 and 412
IPC. The petitioner has approached this Court to quash the entire
proceedings in the crime. In view of the fact that all the remaining
accused, who faced trial, were acquitted by the court vide
Annexure-C judgment, the substratum of the case being lost, and
therefore, the petitioner is entitled to get the entire proceedings as
against him quashed under Section 482 Cr.PC.
2. The learned Prosecutor submits that the State intends to
file an appeal against the judgment, which was delivered on
Crl.MC No.1133/2021 4/5
Crl.MC 1133/2021
28.10.2020. The case against the petitioner was split up and has
been consigned to the long pending register as LP No.13/2010.
The petitioner was abroad and did not co-operate either with the
investigation or the trial. Hence, the prayer of the petitioner that
entire proceedings as against him, may be quashed, is very
vehemently opposed by the learned Prosecutor.
3. Whether there are sufficient materials against the
petitioner to get the crime against him quashed or whether the
substratum of the case has been lost in the trial against the co-
accused, are all matters to be considered on merits. But, the fact
remains that the petitioner was abroad and did not cooperate with
the investigation and his case has been split up and consigned to
the long pending register and is pending since 2010.
4. Under the circumstances, the petitioner is directed to
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Crl.MC 1133/2021
surrender before the jurisdictional court within a period of three
weeks and apply for bail. The bail application so filed by the
petitioner shall be considered and preferably disposed of by the
jurisdictional Magistrate on the very same day.
This petition shall be posted for hearing thereafter.
Sd/-
ASHOK MENON
JUDGE
jg
01-07-2021 /True Copy/ Assistant Registrar
