Sunej P.K vs State Of Kerala
2021 Latest Caselaw 23468 Ker

Crl.MC No.5792/2021                            1/3

                            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                            PRESENT
                             THE HONOURABLE MRS. JUSTICE M.R.ANITHA
             Thursday, the 25th day of November 2021 / 4th Agrahayana, 1943
                                 CRL.MC NO. 5792 OF 2021

                      CRIME NO.516/2011 OF Kasaba Police Station, Kozhikode

       L.P.NO.5/2019 IN CC 485/2017 OF JUDICIAL MAGISTRATE OF FIRST CLASS -
                                  III,KOZHIKODE
   PETITIONER/ACCUSED NO.1

          SUNEJ P.K., AGED 52 YEARS, S/O KARTHIKEYAN,PUTHIYATHERUVIL HOUSE,
          KRUVISSERI P.O.KAKKUZHIPALAM, KOZHIKODE DISTRICT, PIN-673 005.

   RESPONDENTS/STATE & COMPLAINANT

       1. STATE OF KERALA, (REP BY STATION HOUSE OFFICER, KASABA POLICE
          STATION-CR NO 516/2011 OF KASABA POLICE STATION) REPRESENTED BY
          PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM .
       2. STATION HOUSE OFFICER, KASABA POLICE STATION, (CR. N 516/2011 OF
          KASABA POLICE STATION, KOZHIKODE DISTRICT-673 017


        This Criminal misc. case coming on for admission upon perusig the
   application and upon hearing the arguements of M/s.K.K.JAYARAJ NAMBIAR
   & SIDHARTH J NAMBIAR, Advocates for the petitioner and of the Public
   Prosecutor for the respondents, the Court passed the following:




                                                                              (P.T.O)
 Crl.MC No.5792/2021                            2/3




                                       M.R.ANITHA, J.
                             .........................................
                                Crl.MC.No.5792 of 2021
                              ........................................
                        Dated this the 25th day of November, 2021

                                          ORDER

According to the petitioner, the petitioner is the first accused in

C.C.No.550/2021 on the file of the Judicial First Class Magistrate Court-

III, Kozhikode which arose out of crime No.516/2011 of Kasaba police

station.

2. According to the learned counsel for the petitioner, the

case against 2nd and 3rd accused ended in acquittal as per Annexure A1

judgment dated 21.07.2017.

3. In the light of the judgment, he approached this Court

seeking for quashment of the proceedings against him. But it appears

that the case is transferred to L.P. register and numbered as

L.P.No.5/2019. It is submitted by the learned counsel for the petitioner

that he is in Qatar and he will be coming down to India on 07.12.2021.

So, there will be a direction not to arrest the petitioner and

petitioner is directed to surrender before the learned Magistrate court

concerned within ten days from 07.12.2021. Thereafter, if the petitioner

files any application for bail, the learned Magistrate may dispose the

same on the same day itself.

Sd/-

M.R.ANITHA, JUDGE.

        Nkr




25-11-2021                       /True Copy/                             Assistant Registrar
 Crl.MC No.5792/2021                 3/3

                       APPENDIX OF CRL.MC 5792/2021
Annexure A1           TRUE COPY OF THE JUDGMENT DATED 21.7.2017 IN CC NO

550/2011 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE 111 KOZHIKODE