Saifudheen vs State Of Kerala
2023 Latest Caselaw 9116 Ker

Crl.MC No.6349/2023                         1/3

                          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                          PRESENT
                      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
             Wednesday, the 23rd day of August 2023 / 1st Bhadra, 1945
                              CRL.MC NO. 6349 OF 2023
          CRIME NO.455/2016 OF Perinthalmanna Police Station, Malappuram
 LP 47/2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, PERINTHALMANNA, MALAPPURAM
   PETITIONER/ACCUSED :

          SAIFUDHEEN AGED 46 YEARS S/O AHAMMED, MELEPAIKKATT, POYIL HOUSE,
          PILASSERY, KARUVAPOYIL, KODUVALLY P.O, KOZHIKODE DISTRICT , PIN -
          673572

   RESPONDENT/STATE:

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

        This Criminal Misc. case coming on for admission upon persuing the
   petition and upon hearing the arguments of M/s. ADITHYA RAJEEV and
   S.PARVATHI, Advocates for the petitioner and the Public Prosecutor for the
   respondent, the court passed the following:
 Crl.MC No.6349/2023                              2/3




                                 RAJA VIJAYARAGHAVAN V, J.
                                -------------------------------------
                                  Crl.M.C.No. 6349 of 2023
                             -------------------------------------------
                           Dated this the 23rd day of August, 2023

                                                 ORDER

Sri. Adithya Rajeev, the learned counsel appearing for the petitioner,

submits that the co-accused has been acquitted by the Sessions Court, Manjeri

by Annexure-VIII judgment.

The learned Public Prosecutor submits that the petitioner is an

absconding accused and the case against him is included in the list of Long

Pending Cases. Before considering the merits of the matter, the petitioner will

have to surrender before the learned Magistrate and regularize the

proceedings.

In that view of the matter, I direct the petitioner to surrender before

the learned Magistrate within a period of three weeks. Coercive

proceedings, if any, against the petitioner shall be kept in abeyance till

then.

While considering the application for bail, the learned Magistrate shall

bear in mind that a petition for quashing the proceedings based on the

acquittal of the co-accused is pending before this Court.

Sd/-

                                                       RAJA VIJAYARAGHAVAN V,
                                                                JUDGE

         avs




23-08-2023                         /True Copy/                              Assistant Registrar
 Crl.MC No.6349/2023                    3/3

                       APPENDIX OF CRL.MC 6349/2023
Annexure-VIII         CERTIFIED COPY OF THE JUDGMENT DATED 06-07-2023 IN S.C

NO. 552 OF 2019 OF THE SESSIONS COURT, MANJERI

23-08-2023 /True Copy/ Assistant Registrar