Shameer Saleem vs The State Of Kerala
2021 Latest Caselaw 13667 Ker

                             ASHOK MENON,J.
          = = = = = = = = = = = = = = = = =
                  Crl.M.C.No.2295 of 2021
         - - - - - - - - - - - - - - - - - - - - -
                   Dated this the 1st day of July,2021

                               O R D E R

The petitioner is the fourth accused in Crime

No.1564/2014 of Changanassery Police Station, for

having allegedly committed offences punishable under

Sections 143, 144, 147, 148, 452, 294(b), 308 and 323

read with Section 149 of the Indian Penal Code, 1860.

He was absconding and wandering all along and

non-bailable warrant issued against him could not be

executed. The case against him was split up and

consigned to the long pending register. There is a

non-bailable warrant pending against him.

2. He had approached this Court earlier by

filing Crl.M.C.1087/2020 and vide order dated

07.02.2020, he was directed to surrender before the

Principal Asst. Sessions Court, Kottayam, within two

weeks and apply for the bail and for recalling the

warrant. The warrant was also directed to be kept in

abeyance till he surrendered. However, he did not

comply with the directions of this Court to

surrender, and instead waited for the trial against

the rest of the accused to be completed. It is stated Crl.M.C.No.2295/2021

that vide Annexure-A2 judgment, accused Nos.2 and 3

who faced trial were found not guilty and acquitted.

3. Under the circumstances, the petitioner

submits that the substratum of the prosecution case

been lost. Therefore, the petitioner seeks quashment

of the proceedings against against him.

4. The petitioner has not complied with the

earlier order of this Court to surrender. The

petitioner is directed to comply with the directions

of this Court. Therefore, he shall surrender before

the jurisdictional court within a period of three

weeks and apply for recalling the warrant and also

apply for bail. Thereafter, this petition shall be

posted for hearing after a period of four weeks. The

bail application filed before the jurisdictional

court shall be preferably disposed the same day.

Sd/-

ASHOK MENON, JUDGE

DST

e copy//