Kerala High Court
Muhammed Fasil vs State Of Kerala on 15 March, 2021
Crl.M.Appl/2/2021 IN Crl.MC 1508/2021 1/3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Present:
THE HONOURABLE MR.JUSTICE V.G.ARUN
Monday,the 15th day of March 2021/24th Phalguna, 1942
Crl.M.Appl/2/2021 IN Crl.MC/1508/2021
LP No.25/2016 of the JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD
For information purpose only
CRIME NO.461/2008 OF Pavaratty Police Station , Thrissur
PETITIONER/PETITIONER:
MUHAMMED FASIL,AGED 34 YEARS
S/O. ABOOBACKER, MUSLIM VEETTIL, ELAVALLI VILLAGE, THRISSUR
DISTRICT.
RESPONDENT/RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM PIN 682 031
Petition praying that in the circumstances stated therein the High Court
be pleased to direct Honourable Judicial First Class magistrate Court, Chavakkad to
consider and dispose of the bail application filed by the petitioner on the date of his
surrender itself on merits and on the basis of the acquittal of the co-accused in the interest
of justice.
This petition coming on for admission upon perusing the petition and upon
hearing the arguments of M/S. SALIM V.S., A.M.FOUSI, Advocates for the petitioner,
and the PUBLIC PROSECUTOR for the respondent, the court passed the following:
agk
V.G.ARUN, J.
...................................................................
Crl.M.A No. 2 of 2021
IN
Crl. M.C No. 1508 of 2021
.....................................................................
Dated this the 15th day of March, 2021
ORDER
For information purpose only
The Crl.M.C is filed seeking to quash further proceedings in L.P
No.25 of 2016, pending before the Judicial First Class Magistrate Court,
Chavakkad. The case originated from Crime No. 461 of 2008 registered
at the Pavaratty Police Station for offences under Sections 143,147,148,
447, r/w 149 of IPC, wherein the petitioner figured as the 7 th accused.
From among the eleven accused, all other accused except A3, A4, and
A7 faced trial and were acquitted vide Annexure A3 judgment. The case
against the absconding was split up and refiled. Later the 3 rd accused
approached this Court and the proceedings against him was quashed by
Annexure A4 order.
2.The Crl.M.C is filed seeking to quash the proceedings against the
petitioner on the strength of Annexures A3 and A4.
3. It has been the consistent stand of this Court that the benefit
of acquittal granted to those accused who had faced trial, cannot
automatically be extended to the absconding accused. Therefore, if at
all the benefit of Annexures A3 and A4 is to be extended to the
petitioner, he should necessarily surrender to the process of law.
Hence, as an interim measure, the petitioner is directed to
surrender before the Judicial First Class Magistrate Court, Chavakkad
Crl.M.A No. 2 of 2021
IN
Crl. M.C No. 1508 of 2021
in L.P.No.25 of 2016 and is permitted to move an application for bail,
with advance notice to the Public Prosecutor. In such event, the learned
Magistrate shall consider the application for bail on the date of
For information purpose only
surrender and pass appropriate orders thereon on the same day. While
effecting such consideration, the learned Magistrate shall take into
account the fact that some of the accused were acquitted after trial and
criminal proceedings against another accused, quashed by this Court. In
order to provide an opportunity for the petitioner to surrender and to
move the bail application, the non-bailable warrant pending against him
shall be kept in abeyance for two weeks.
Post when moved again.
Sd/-
V.G. ARUN
JUDGE
SJ
/true copy/ Sd/- ASSISTANT REGISTRAR
