Mahesh vs State Of Kerala
2022 Latest Caselaw 996 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        TUESDAY, THE 25TH DAY OF JANUARY 2022 / 5TH MAGHA, 1943
                        CRL.MC NO. 405 OF 2022
PETITIONER:

            MAHESH
            AGED 49 YEARS
            KAITHAYIL HOUSE, NADAVARAMBU, KALLAMKUNNU,
            THRISSUR DISTRICT
            THRISSUR, PIN - 680661

            BY ADVS.
            JAGADEESH
            V.Renju


RESPONDENTS:

    1       STATE OF KERALA.
            PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
            ERNAKULAM.ERNAKULAM, PIN - 682031

    2       SUB INSPECTOR OF POLICE,
            AREACODE SUB INSPECTOR OF POLICE,
            AREACODE, MALAPPURAM DISTRICT
            PIN - 673639

    3       SUB INSPECTOR OF POLICE,
            AREACODE SUB INSPECTOR OF POLICE, AREACODE,
            MALAPPURAM DISTRICT
            PIN - 673639

            BY.ADV.

            ADV. C.S. HRITHWIK- PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
25.01.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 405 OF 2022
                                   2

                                ORDER

Petitioner is the accused in S.C. No.1051/2017 on the file of

Additional Sessions Court - II, Manjeri which is now pending as L.P.

No.41/2021. Initially he was 6 th accused in S.C. No.57/2011 on the

file of the Additional Sessions Court - II, Manjeri which was

registered for the offences alleged under Sections 363, 395 and 120(B)

of Indian Penal Code.

2. Later as the petitioner failed to appear before the court, the

case against the petitioner was split up and as against the other

accused persons trial was conducted. The aforesaid trial resulted in

Annexure A1 judgment by which all accused persons were acquitted.

3. This Crl.M.C. is filed by the petitioner, seeking for a

prayer to permit the petitioner to surrender before the Sessions Court

and also seeking a direction to consider bail application to be

submitted by the petitioner on the same date of surrender.

4. Heard Sri.Jagadeesh, learned counsel for the petitioner,

and Sri.Hrithwik C.S., learned Public Prosecutor appearing for the

respondents.

CRL.MC NO. 405 OF 2022

5. It is true that the petitioner failed to appear before the

court below which resulted in splitting of the case against him and the

same is now pending as L.P. No.41/2021. However, the fact remains

that, all the accused who faced trial have been acquitted as is evident

from Annexure A1. Therefore, it is only proper that trial against the

petitioner is to be completed as expeditiously as possible. In such

circumstances, I am of the view that an a opportunity can be granted

to the petitioner to surrender before the court below and seek bail.

Thus a direction is hereby issued to the Sessions Court - II,

Manjeri to consider the bail application, if any filed by the petitioner,

on the date of his surrender itself, provided, prior notice of the said

bail application is given to the Public Prosecutor in this regard.

Accordingly, this Crl.M.C. is disposed of with the above direction.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE SCS CRL.MC NO. 405 OF 2022

APPENDIX OF CRL.MC 405/2022

PETITIONER ANNEXURES Annexure1 COPY OF THE JUDGMENT IN S.C.NO.57 OF 2011 OF THE ADDITIONAL SESSIONS JUDGE-

II, MANJERI DATED 30-3-2017