Kerala High Court
Sabu Mon vs The State Of Kerala Represented By ... on 3 June, 2022
Crl.M.C.No.3484/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
CRL.MC NO. 3484 OF 2022
CRIME NO.473/2018 OF Chavara Police Station, Kollam
AGAINST THE ORDER/JUDGMENT IN SC 359/2013 OF ADDITIONAL SESSIONS
COURT (ADHOC) III, KOLLAM
PETITIONER/ACCUSED:
SABU MON,
AGED 43 YEARS,
S/O.FASALUDDIN, KIZHAKKETHARA HOUSE,
THAZAVA VILLAGE, KADATHAKUR MURI,
KARUNAGAPPALLY TALUK, KOLLAM DISTRICT, PIN - 690 518.
BY ADVS.
M.R.SASITH
RAJITHA V.K
R.K.CHIRUTHA
BHAVANA K.K
VISHNUMAYA M.B.
PREETI S.
RESPONDENTS/DE FACTO COMPLAINANT:
1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC
PROSECUTOR,
HIGH COURT OF KERALA, ERANKULAM, PIN - 682 031.
2 THE SUB INSPECTOR OF POLICE,
CHAVARA POLICE STATION,
KOLLAM DISTRICT, PIN - 691 001.
3 THE CIRCLE INSPECTOR OF POLICE,
CHAVARA POLICE STATION, KOLLAM DISTRICT, PIN - 691 001.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.3484/22 2
ORDER
The petitioner, who is the sole accused in S.C.No.359 of 2013
pending before the 3rd Additional Sessions Court, Kollam, has
approached this Court praying for an order to direct the learned
Sessions Judge to consider the bail application to be submitted by the
petitioner upon his surrender on the same day itself. The
proceedings against the petitioner is now pending as L.P.No.27 of
2018, as he is absconding.
2. The learned Public Prosecutor opposed the said
application by pointing out that, as per Annexure-A1 order, this Court
has already shown some indulgence in similar circumstances, in
favour of the petitioner. It is pointed out that on an earlier occasion
also the petitioner approached this Court with the same relief and he
surrendered before the Trial Court consequent to a direction issued
by this Court in this regard. It is pointed out that, the petitioner
violated the terms and conditions of the bail once again and
absconded. In such circumstances, dismissal of this Crl.M.C. is
sought for by the learned Public Prosecutor.
3. The submissions made by the learned Public Prosecutor
cannot be simply brushed aside. Even though an opportunity was
granted to the petitioner by this Court, the petitioner again evaded
the process of the court. However, as the case is pending since 2013,
it is only proper that the petitioner to be directed to surrender before
the learned Sessions Judge within a time frame and his release can
be considered only on stringent terms and conditions.
4. In my view, taking into account the previous default on the
part of the petitioner, a direction to surrender the passport of the
petitioner shall address the apprehension voiced by the learned
Public Prosecutor.
In such circumstances, this Crl.M.C. is disposed of directing the
petitioner to surrender before the learned Sessions Judge within a
period of two weeks from today and submit the bail application. In
the event of surrender and submission of bail application, the learned
Sessions Judge shall consider the said bail application positively on
the date of surrender itself, provided the petitioner gives prior notice
to the learned Public Prosecutor and also surrender the passport
before the learned Sessions Judge. In order to facilitate the
petitioner to do so, the execution of non-bailable warrant shall be
kept in abeyance for a period of two weeks or till the date of
surrender whichever is earlier.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/4.6.22
APPENDIX OF CRL.MC 3484/2022
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF ORDER IN CRL M C NO
7028/2016 OF HONBLE HIGH COURT
Annexure A2 TRUE COPY THE ORDER OF CRL MC NO
5511/2020 OF HIGH COURT OF KERALA
