Ajayan.T vs State Of Kerala
2021 Latest Caselaw 7980 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

  MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942

                       CRL.A.No.48 OF 2021

 AGAINST THE ORDER/JUDGMENT IN CRMC 1460/2020 DATED 07-01-
             2021 OF SESSIONS COURT, KOZHIKODE

   CRIME NO.1098/2020 OF Medical College Police Station,
                         Kozhikode

APPELLANT/S:
      1      AJAYAN.T,   AGED 45 YEARS,
             S/O. P.T.   MADHUSOODANA KURUP, VASANTHAM (H),
             ERATTAYIL   PARAMBA, T.P. KUMARAN NAIR ROAD,
             CHEVAYOOR   P.O. KOZHIKODE DISTRICT.

      2       SAJESH.S., AGED 46 YEARS,
              S/O. CHANDRASEKHARAN PRINCESS NIVAS (H),
              CHEVAYUR P.O. KOZHIKODE DISTRICT.

      3       PRAJOSH KUMAR, AGED 49 YEARS,
              S/O CHANDUKUTTY, NIRMALYAM HOUSE, THACJARAKKAL,
              CHEVAYUR P.O. KOZHIKODE DISTRICT.

      4       CHANDRASEKHARAN, AGED 80 YEARS,
              S/O. LATE SANKARAN KUTTY, PRINCESS NIVAS (H),
              CHEVAYUR P.O. KOZHIKODE DISTRICT.
              BY ADVS.
              SRI.ADITHYA RAJEEV
              SRI.T.R.HARIKUMAR

RESPONDENT/S:
      1     STATE OF KERALA, REPRESENTED BY THE PUBLIC
            PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682031.

      2       SMITHA, W/O. VEERAJ, RESIDING AT MANISSERI
              PARAMBIL HOUSE, VELLIPARAMBU 6/2, VELLIPARAMBU
              P.O. KOZHIKODE DISTRICT 673 008.

            R2 BY ADV. SRI.P.JERIL BABU
OTHER PRESENT:
            SRI. K. B. UDAYAKUMAR, SR.PP

     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Crl.Appeal No.48 of 2021


                                      -2-



                                  JUDGMENT

When this matter has taken up for

hearing, the learned Senior Public

Prosecutor has submitted that the final

report has been already filed in this case

after completing the investigation. The 4th

accused is not an accused in the final

report, submitted by the learned Senior

Public Prosecutor. In view of the above,

the learned counsel for the appellants has

prayed for granting permission to withdraw

this appeal. Permission stands granted.

Accordingly, this appeal stands dismissed as

withdrawn.

However, the appellants shall be at

liberty to surrender before the court

concerned and apply for regular bail. If Crl.Appeal No.48 of 2021

the appellants file any application for

regular bail on their surrender before the

court concerned, after giving copy of the

application for bail in advance to the

learned Special Public Prosecutor concerned,

to enable the learned Special Public

Prosecutor to inform the victim as provided

under Section 15-A(3) of the Scheduled

Castes and Scheduled Tribes (Prevention of

Atrocities) Act, the court concerned shall

consider and dispose of the application for

regular bail, in accordance with law, as

expeditiously as possible, preferably on

the date of surrender itself.

Sd/-

B. SUDHEENDRA KUMAR, JUDGE STK