For Information Purpose Only vs Shelly Joseph
2021 Latest Caselaw 8545 Ker

Crl.MC 660/2021                              1/4

                  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.MC No.660/2021
  CC No.249/2014 of the JUDICIAL MAGISTRATE OF FIRST CLASS -II, SULTHANBATHERY


    For information purpose only
   Offence   No. OR. NO.23/2003 OF Chedalath Forest Range Office , Wayanad

PETITIONER/3rd ACCUSED
      SHELLY JOSEPH,AGED 41 YEARS
      S/O JOSEPH, MARUTHOLIL, KOLERI.PO.

RESPONDENT/STATE
      STATE OF KERALA
      REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
      KERALA, ERNAKULAM.


       This CRL.M.C. coming on for admission               upon perusing the petition
and upon hearing the arguments of M/S. RAJESH VIJAYAN, PARVATHY
PRADEEP and SIKHA S.NAIR, Advocates for the petitioner and the
PUBLIC PROSECUTOR for the respondent, the court passed the following:

MLG/16/3/21

                                              (p.t.o)
                          V.G.ARUN, J.
               ============================
                 Crl.M.C. No. 660 of 2021
                ---------------------------
         Dated this the 15th day of March, 2021
 For information
             ORDER

purpose only Petitioner is the third accused in O.R.No.23

OF 2003 of Chedleth Range, alleging commission of

offence punishable under Sections 27(1), (e),

(iii)(iv), 27(1)(d) of the Kerala Forest Act,

1961. The prayer in this Crl.M.C is to quash the

proceedings against the petitioner primarily on

the ground that the other accused have been

acquitted after trial as per Annexure A3

judgment. Since the petitioner was not available

during trial of C.C.No.233 of 2011 of the

Judicial First Class Magistrate Court-II, Sulthan

Bathery, the case against them was split up and

re-filed as C.C.No.249 of 2014 while the other

accused were acquitted.

2. Learned Counsel for the petitioner Crl.M.C. No. 660 of 2021

submits that the other accused having been

acquitted for complete lack of evidence, no

For information purposewill be served purpose by onlythe compelling

petitioner to undergo the trauma of trial. It is

the consistent view of this Court that the

benefit of acquittal rendered in the case of the

co-accused, who faced trial, could be extended to

an absconding accused only on submitting to the

process of law by surrendering before the

jurisdictional court.

Therefore, as an interim measure, the

petitioner is directed to surrender before the

Judicial First Class Magistrate Court-II, Sulthan

Bathery in C.C.No.249 of 2014 and is permitted to

move an application for bail, with advance notice

to the Public Prosecutor concerned. In such

event, the learned Magistrate shall consider the

application for bail on the date of surrender and

pass appropriate orders thereon on the same day.

While effecting such consideration, the learned Crl.M.C. No. 660 of 2021

Magistrate shall bear in mind the fact that the

other accused have been acquitted on merits. In

For to order information provide an purpose for opportunity onlythe petitioner to surrender and 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 Scl/15.03.2021

/true copy/ Sd/- ASSISTANT REGISTRAR