For Information Purpose Only vs Libin @ Kannan M.
2021 Latest Caselaw 9704 Ker

Crl.MC 2433/2020                                 1/3

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

                      Tuesday,the 23rd day of March 2021/2nd Chaithra, 1943
                                      Crl.MC No.2433/2020
CC No.982/2016 of the JUDICIAL MAGISTRATE OF FIRST CLASS -I, PONNANI

            For information purpose only
CRIME NO.299/2016 OF Perumpadappu Police Station , Malappuram
PETITIONERS/ACCUSED NO.3, 4, 5 & 8
1.       LIBIN @ KANNAN M.,,AGED 25 YEARS
       S/O.LAKSHAMANAN, KUNIYATH HOUSE, ERAMANGALAM P.O.,
       THAZHATHELPADI, PIN - 679 587.
2.       AKBAR,
       S/O.MOIDUNNYKUTTY, ANHUR HOUSE, YOUTHFUL NAGAR, ERAMANGALAM
       P.O., THAZHATHELPADI, PIN - 679 587.
3.       MAHESH,
       S/O.MOHANAN, CHAKKARATH HOUSE, YOUTHFUL NAGAR, ERAMANGALAM
       P.O., PUZHAKKARA, PIN - 679 587.
4.       ABOOBACKER,
       S/O.JALEEL, PUTHUVEETTIL HOUSE, YOUTHFUL NAGAR, ERAMANGALAM
       P.O., PERIMUDISSERY, PIN - 679 587.
RESPONDENTS/COMPLAINANT/DEFACTO COMPLAINANT
1.       STATE OF KERALA,
       REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA.
2.       SAJEESH,
       AGED 35 YEARS, S/O.SREENIVASAN, MULLATHU HOUSE, ERAMANGALAM
       P.O., PIN - 679 587, MALAPPUAM DISTRICT.


        This Crl.MC     coming on for orders upon perusing the petition and upon hearing the
arguments of MR.. V.A.PRADEEP KUMAR, Advocate for the petitioner and the PUBLIC
PROSECUTOR for the 1st respondent and of Mr. ARUN KRISHNA, Advocate for the 2nd
respondent, the court passed the following:



MLG/26/3/21

                                                            (p.t.o)
                                     V.G.ARUN, J.
            ...................................................................
                    Criminal M.C No. 2433 of 2020
           .....................................................................
              Dated this the 23rd day of March, 2021

                                     ORDER

For information purpose only Petitioners are accused No. 3, 4 and 5 in CC No. 982 of

2016 on the files of Judicial First Class Magistrate Court-I

Ponnani, presently numbered as CC No.312 of 2019. The

prayer in this Crl.M.C is to quash further proceedings in

the case pending against the petitioners on the strength of

the judgment of acquittal rendered in the case of the co-

accused and the settlement arrived at between petitioners

and the defacto complainant.

2.It is an undisputed fact that the absence of the

petitioners before the trial Court has resulted in non

bailable warrants being issued against them. Therefore, the

benefit of acquittal rendered in the case of co-accused and

the factum of settlement can be taken into consideration

only after the petitioners surrender before the trail court

and submit themselves to the process of law.

Therefore as an interim measure, the petitioners are

directed to surrender before the Judicial First Class Magistrate-

I, Ponnani in C C No. 312 of 2019 and is permitted to move an Criminal M.C No. 2433 of 2020

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 surrender and pass

For information purpose only appropriate orders thereon on the same day, taking into

consideration the fact that the dispute which led to registration

of the crime, has been settled amicably between the parties. In

order to provide an opportunity for the petitioner to surrender

and seek bail, the non-bailable warrant pending against him

shall be kept in abeyance for three weeks.

Post when moved again.

Sd/-

V.G.ARUN JUDGE

SJ

/true copy/ Sd/- ASSISTANT REGISTRAR