Cc No.586/2019 Of The Judicial ... vs Libin T
2021 Latest Caselaw 8117 Ker

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                    IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                         Present:
                       THE HONOURABLE MR.JUSTICE V.G.ARUN

                   Tuesday,the 9th day of March 2021/18th Phalguna, 1942

    For information      purpose only
              Crl.MC No.1412/2021
 CC No.586/2019 of the JUDICIAL FIRST CLASS MAGISTRATE COURT, TALIPARAMBA



PETITIONER/ ACCUSED

      LIBIN T,AGED 29 YEARS
      S/O BHASKARAN,THARAMMAL HOUSE,PANGATTUR,
      KUTTIYERI,KANNUR.

RESPONDENT/COMPLAINANT

      STATE OF KERALA
      REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
      KERALA,ERNAKULAM-682031.


  This petition coming on for admission upon perusing the petition and upon
hearing the arguments of MR. NANDAGOPAL S.KURUP, Advocate for the
petitioner and the PUBLIC PROSECUTOR for the respondent, the court passed
the following:
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Annexure A3: The certified copy of the judgment in Cc NO.418/2012 on the files
of the Judicial First Class Magistrate Court, Thaliparamba




    For information purpose only
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                                      V.G.ARUN, J.
                       -----------------------------------------------
                             Crl.M.C.No. 1412 of 2021
                       -----------------------------------------------
                      Dated this the 9th day of March, 2021

                                       ORDER

      For     information
      The prayer in the Crl.M.C is to quash purpose            only
                                            the further proceedings in C.C.No.586

of 2019 on the files of the Judicial First Class Magistrate Court, Taliparamba. The

case was originally numbered as C.C.No.418 of 2012 and the accused, who faced

trial in that case, were acquitted as per Annexure A3 judgment. Due to the

absence of the petitioner, the case against him was split up and re-filed as

C.C.No.586 of 2019. The petitioner is seeking the benefit of acquittal rendered in

the case of the co-accused. Learned counsel for the petitioner fairly submitted

that non-bailable warrant is pending against the petitioner in C.C.No.586 of 2019

and that, even though the petitioner is desirous of surrendering before the trial

court, is apprehensive that the court may not grant bail to him. It is my

considered view that, the prayer for quashing the proceedings can be considered

only if the petitioner submits himself to the process of law.

Therefore, as an interim measure, the petitioner is directed to surrender before the Judicial First Class Magistrate Court, Thaliparamba in C.C.No.586 of

2019 and move an application for bail with notice to the Public Prosecutor. In

such event, the learned Magistrate shall consider the bail application on the date

of surrender and pass orders thereon on the same day. While effecting such

consideration, the learned Magistrate shall also take into account the fact that the

other accused have been acquitted after trial.

Post when moved again.

                                                                     V.G.ARUN, JUDGE
vgs
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                   /true copy/
                                             Sd/-
                                 ASSISTANT REGISTRAR




    For information purpose only