Nihal vs State Of Kerala
2021 Latest Caselaw 14930 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE ASHOK MENON
     THURSDAY, THE 15TH DAY OF JULY 2021 / 24TH ASHADHA, 1943
                        CRL.MC NO. 8648 OF 2016
 CRIME NO.539/2011 OF Varkala Police Station, Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT IN CP 51/2016 OF JUDICIAL MAGISTRATE OF
                FIRST CLASS ,VARKALA, THIRUVANANTHAPURAM
PETITIONER/S:

          NIHAL
          AGED 22 YEARS, S/O.NAJIMUDHEEN, BISMI HOUSE, EDAVA
          DESOM, EDAVA VILLAGE, THIRUVANANTHAPURAM.

          BY ADVS.
          SRI.S.RAJEEV
          SRI.K.K.DHEERENDRAKRISHNAN
          SRI.D.FEROZE
          SRI.V.VINAY



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM 682 031, (CRIME NO. 539/2011 OF VARKALA
          POLICE STATION, THIRUVANANTHAPURAM DISTRICT)

    2     BISHLOV S/O.BASHEER
          KALIYIL PADIPPURAM VEEDU, NEAR PRESS MUKKU, EDAVA
          DESOM, EDAVA VILLAGE, THIRUVANANTHAPURAM.

          SRI.T.R.RENJITH, PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
15.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.MC NO. 8648 OF 2016           2

                            O R D E R

Dated this the 15th day of July, 2021

The petitioner is the 9th accused in Crime No.539/2011 of

Varkala Police Station for having allegedly committed offences

punishable under Sections 143, 147, 148, 341, 324, 326, 308 and

379 r/w Section 149 of IPC and under Section 27 of the Arms Act.

The petitioner has approached this Court during the crime stage for

quashing the proceedings. Now investigation has been completed

and the final report has already been filed, which is taken on file as

SC No.561/2018 on the files of the Assistant Sessions Court,

Attingal and charge is yet to be framed.

2. The petitioner is presently residing abroad and he therefore

prays that his personal exemption may be considered by the trial

court and that before the trial commences, his counsel may be

heard on the plea of discharge, since there is absolutely no material

collected by the investigating agency so as to proceed against him.

3. Considering the submissions made by the learned counsel

appearing for the petitioner and the learned Public Prosecutor, the

Crl.M.C. is disposed of with a direction to the Assistant Sessions

Judge, Attingal to consider the application for personal exemption

under Section 205, if any, filed by the petitioner on its merits and

also consider the plea of discharge, if any, raised by the petitioner

through his counsel before the court.

With these observations, the Crl.M.C is disposed of.

Sd/-

ASHOK MENON

JUDGE rmm

APPENDIX OF CRL.MC 8648/2016

PETITIONER ANNEXURE

ANNEXURE I COPY OF FIR IN CRIM ENO. 539/2016 OF VARKALA POLICE STATION

ANNEXURE II CERTIFIED COPY OF FINAL REPORT ALONG WITH STATEMENT OF WITNESSES

RESPONDENTS ANNEXURE NIL