Irshad M. vs State Of Kerala
2021 Latest Caselaw 9550 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

  MONDAY, THE 22ND DAY OF MARCH 2021 / 1ST CHAITHRA, 1943

                      CRL.A.No.144 OF 2021

 CRMP 233/2020 OF SPECIAL COURT (ATROCITIES AGAINST SC/ST),
                       MANANTHAVADI

 CRIME NO.727/2020 OF Kambalakkad Police Station , Wayanad


APPELLANT/S:

      1        IRSHAD M., AGED 34 YEARS,S/O.MOOSA,MANAKKODAN
               HOUSE, PARALIKKUNNU, KUMBALAKKAD.P.O,
               VYTHIRI TALUK.

      2        SHUHAIB,AGED 37 YEARS,S/O.MUHAMMED,THONDIYIL
               HOUSE, MADAKKIMALA.P.O,VYTHIRI TALUK.

      3        SHAJAHAN.E.M,AGED 37 YEARS, S/O.MOIDU,
               IRUMBANATHARA HOUSE, KOMBALAKKAD.P.O,
               KANIYAMBETTA VILLAGE, VYTHIRI TALUK.

      4        ARUN.P.G,AGED 25 YEARS,S/O.GOPI,POKKATTU
               HOUSE,KAMBALAKKAD.P.O, WAYANAD.

      5        KABEER,AGED 40 YEARS
               S/O.ALI,KUDUKKAN HOUSE,KAMBALAKAKD.P.O,WAYANAD.

      6        MOHANAN,AGED 61 YEARS, S/O.PADMANABHAN,
               ASARIKKODI HOUSE, KAMBALAKKAD.P.O, WAYANAD.

      7        ABDUL KALAM.C,AGED 34 YEARS,S/O.NOORUDHEEN,
               CHENKOTTA HOUSE, KAMBALAKKAD.P.O,WAYANAD.

      8        SAJEER.P.A,AGED 29 YEARS,S/O.AMMED.P,
               POOVANCHERRY HOUSE,KAMBALAKKAD.P.O,WAYANAD.

      9        SHEREEF.K.K,AGED 37 YEARS,S/O.KUNJUMOIDEEN,
               KALLIDUKKIL HOUSE,KAMBALAKKAD.P.O,WAYANAD.

               BY ADV. SRI.P.M.ZIRAJ
 Case No. Crl.A 144/2021
                                     -2-

RESPONDENTS:

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

          2          THE DEPUTY SUPERINTENDENT OF POLICE,
                     SMS MANANTHAVADY IN CRIME NO.727/2020 OF
                     KAMBALAKKAD POLICE STAITON,WAYANAD DISTRICT-
                     673122.

          3          ADDL R3 USHA BALAKRISHNAN
                     W/O BALAKRISHNAN, MELEPALAVAYAL HOUSE,
                     KAMBALAKKAD POST, KANIYAMPATTA AMSAM, WAYANAD
                     DISTRICT.
                     IMPLEADED AS PER ORDER DATED 01.03.2021 IN
                     CRL.MA NO.2 OF 2O21.

                     R1 BY SMT.AMBIKA DEVI S, SPL.GP ATROCITIES
                     AGAINST WOMEN AND CHILDREN AND WELFARE OF WOMEN
                     AND CHILDREN

OTHER PRESENT:

                     SRI. K. B. UDAYAKUMAR, SR.PP

     THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
22.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 Case No. Crl.A 144/2021
                                -3-


                           JUDGMENT

Dismissed as withdrawn.

However, the appellants are directed to surrender before the Investigating Officer within ten days, if not arrested in the mean time. If the appellants surrender before the Investigating Officer within ten days as directed above, the Investigating Officer shall produce the appellants before the Jurisdictional court on the same day after interrogation and due intimation to the victim. If the appellants file any application for regular bail on their production before the Jurisdictional Court, after giving copy of the bail application in advance to the learned special Public Prosecutor concerned, to enable the learned special Public Prosecutor to inform the victim as provided under Section 15A(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 production itself.

SD/-B. SUDHEENDRA KUMAR, JUDGE.

dl/