For Information Purpose Only vs Bajeesh
2021 Latest Caselaw 9859 Ker

Crl.MC 1306/2021                              1/3

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

                   Wednesday,the 24th day of March 2021/3rd Chaithra, 1943
                                    Crl.MC No.1306/2021
LPC No.28/2015 of the JUDICIAL MAGISTRATE OF FIRST CLASS -II,HOSDURG

            For information purpose only
CRIME NO.747/2013 OF Bekal Police Station , Kasargod
PETITIONERS/ACCUSED NOS. 2 & 4
1.BAJEESH,AGED 29 YEARS
     S/O. BALAKRISHNAN, KOPPAL HOUSE, EAST UDMA P.O., MADIYAN, MANI,
     UDMA VILLAGE, KASARAGOD-671319.
2.RATHEESAN K.,
     S/O. KUTTIYAN, UDHAYAMANAGALAM HOUSE, EAST UDMA P.O., UDMA
     VILLAGE, KASARAGOD-671319.
RESPONDENTS/STATE
       STATE OF KERALA
       REPRESENTED BY PUBIC PROSECUTOR, HIGH COURT OF KERALA,
       ERNAKULAM-682031.

         This Crl.MC coming on for admission upon perusing the petition and upon hearing the
arguments of MR. P.K.SUBHASH, Advocate for the petitioner and the PUBLIC
PROSECUTOR for the respondent, the court passed the following:




MLG/31/3/21




                                                                    (P.T.O)
                     V.G.ARUN, J.
     -------------------------------------------
              Crl.M.C No.1306 of 2021
       ---------------------------------------
               Dated: 24th March, 2021


                                   ORDER

For information purpose only Petitioners are accused Nos.2 and 4 in Crime

No.747/2013 of the Bakel Police Station,

registered for offences under Section 143, 147,

148, 324, 308 read with 149 of I.P.C. The case

against the petitioners is pending as

L.P.C.No.28/2015 on the files of the Judicial

First Class Magistrate-II, Hosdurg. The prayer

in this Criminal M.C. is to quash the further

proceedings against the petitioners in the said

case based on the judgment of acquittal rendered

in the case of the co-accused.

It is the consistent stand of this Court

that, if at all the benefit of acquittal rendered

in the case of the co-accused is to be extended

to an absconding accused, he should first

surrender himself to the process of law. Crl.M.C No.1306 of 2021

Therefore, as an interim measure, the

petitioners are directed to surrender before the

For information purpose only Judicial First Class Magistrate-II, Hosdurg in

L.P.C.No.28/2015 and 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 surrender and pass appropriate orders

thereon on the same day. In order to provide an

opportunity for the petitioners to surrender and

seek bail, the non-bailable warrant pending

against them shall be kept in abeyance for two

weeks.

Post when moved again.

Sd/-

                                                     V.G.ARUN
        ss                                             JUDGE




                                      /true copy/       Sd/- ASSISTANT REGISTRAR