Sayilal vs State Of Kerala
2022 Latest Caselaw 8325 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
        FRIDAY, THE 1ST DAY OF JULY 2022 / 10TH ASHADHA, 1944
                      CRL.MC NO. 4329 OF 2022
  LP 47/2011 OF JUDICIAL MAGISTRATE OF FIRST CLASS , SASTHAMCOTTA
            CRIME NO.31/2001   OF SOORANAD POLICE STATION
PETITIONER/ACCUSED - A5:

           SAYILAL
           AGED 34 YEARS
           S/O GANGADHARAN NAIR,
           CINNA VILLA, MANAKKARA MURI,
           SASTHAMCOTTA P.O, KOLLAM DISTRICT-690521.,
           FROM- CHANDRALAYAM HOUSE, PUTHUPPALLI LANE,
           MEDICAL COLLEGE WARD, ULLOOR VILLAGE,
           THIRUVANANTHAPURAM DISTRICT, PIN - 695011

           BY ADV P.V.DILEEP


RESPONDENTS/COMPLAINANT:

    1      STATE OF KERALA
           REPRESENTED BY THE PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

    2      THE STATION HOUSE OFFICER
           SOORANAD POLICE STATION, SOORANAD .P.O,
           KOLLAM DISTRICT, PIN - 690522


           ADV SUDHEER GOPALAKRISHNAN- PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
01.07.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4329 OF 2022
                                      2

                                    ORDER

The petitioner is the 5th accused in Crime N.31/2001 of Sooranad

Police Station which was registered for the offences punishable under

Sections 143, 147, 148, 323, 324 and 149 of Indian Penal Code.

2. The aforesaid case is now pending as L.P. No.47/2011 as

against the petitioner herein. It is pointed out that, Annexure 1 is the

final report submitted by the Police and cognizance thereon was taken by

the Judicial First Class Magistrate Court, Sasthamcotta as C.C.

No.363/2006. It is submitted by the petitioner that all the accused persons

except the petitioner have participated in the trial conducted in the said

case and as per judgment dated 24.01.2011 all the other accused persons

were acquitted. The case against the petitioner was split up and re-

numbered as C.C. No.70/2011. However, as the petitioner was abroad, he

could not appear before the trial court and accordingly a non bailabe

warrant was happened to be issued. Now the same is included in the

Long Pending Register. Now the petitioner has approached this Court

seeking for a liberty to surrender before the trial court and also for a

direction to consider his application for bail on the date of surrender

itself.

CRL.MC NO. 4329 OF 2022

3. Considering the facts and circumstances of the case and also

taking into account the fact that all the other accused persons were

already acquitted, it is only proper that the trial against the petitioner is

also to be completed as expeditiously as possible. For completing the

said exercise appearance of the petitioner is absolutely necessary. In

such circumstances, some indulgence can be shown.

In the result, this Crl.M.C. is disposed of directing the petitioner to

surrender before the Judicial First Class Magistrate Court, Sasthamcotta

within a period of two weeks from today and to submit an application for

bail. Upon such surrender and submission of application, the learned

Magistrate shall take up the said application and pass appropriate orders

thereon positively on the date of surrender itself. To facilitate the

petitioner to do so, the execution of non bailable warrant shall be kept in

abeyance for a period of two weeks from today or till the date of

surrender whichever is earlier.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE scs CRL.MC NO. 4329 OF 2022

APPENDIX OF CRL.MC 4329/2022

PETITIONER ANNEXURES Annexure1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO. 31/2001 OF THE SOORANAD POLICE STATION