Kerala High Court
Muhammed Shan vs State Of Kerala on 12 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 12TH DAY OF MAY 2023 / 22ND VAISAKHA, 1945
CRL.MC NO. 3756 OF 2023
IN CRIME NO.731/2010 OF KILIKOLLOOR POLICE STATION WHICH IS NOW
PENDING AS LP 30/2022 OF ADDITIONAL DISTRICT COURT & SESSIONS
COURT - V, KOLLAM / IV ADDL.M.A.C.T.
PETITIONER/ACCUSED:
MUHAMMED SHAN
AGED 31 YEARS, S/O MUHAMMED SHIHAB,
RESIDING AT APPOLO NAGAR 99, KARICODE CHERRI,
MANGADU VILLAGE, KOLLAM, PIN - 691 004.
BY ADVS.
R.N.SANDEEP
B.MUHAMMED SHAHEEL
KEERTHI VIJAYAN
RAHUL S.R.
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, PIN - 682 031.
BY ADV NOUSHAD K A,PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3756 OF 2023 2
ORDER
This petition has been filed under Section 482 of Code of Criminal
Procedure and prayers are hereunder:
"For these and other grounds that may be argued at the time
of hearing, this Hon'ble Court may be pleased to pass an order
directing the Hon'ble Addl. Sessions CourtV, Kollam to consider the
bail application moved on behalf of the petitioner while surrendering
and orders on merit may be passed on such application on the date
of surrender itself".
2. Heard the learned counsel appearing for the petitioner as well as
the learned Public Prosecutor.
3. It is submitted by the learned counsel for the petitioner that L.P
warrant has been pending against the petitioner, since he absconded from
Trial. However, he is ready to surrender before the Sessions Court and face
Trial. It is pointed out that as per Annexure-A1 judgment, the Sessions Court
acquitted accused Nos.2 to 7, for want of evidence. Therefore the petitioner
may be given liberty to surrender and move bail application, so as to avail
regular bail in accordance with law.
4. The learned Public Prosecutor refers paragraph 27 of the
judgment and submitted that, in fact the petitioner herein, who is the 1 st
accused, is the real culprit and acquittal of accused Nos. 2 to 7 by itself is not
a ground to disbelieve the case against the petitioner and grant bail to him,
since he was absconded for a pretty long time.
5. Annexure-A1 shows that, all other accused were acquitted after
trial and there was observation in paragraph No.12 that PW2, the injured,
given evidence that the knife produced by the prosecution is not one used by
the petitioner. However, fair trial in so far as the petitioner shall go on in
accordance with law.
6. Since the facts of the case is as above, it is necessary, in the
interest of justice, to direct the petitioner to appear before the Additional
Sessions Court-V, Kollam, with a further direction to the court to consider his
bail application positively on the date of surrender itself, taking note of the
above aspects, after ensuring his presence for trial, in accordance with law.
The petitioner is directed to surrender before the Additional Sessions Court-V,
Kollam, within a period of two weeks from today. On failure to do so, the
petitioner is liable for arrest.
This Crl.M.C. is disposed of as above.
Sd/-
A. BADHARUDEEN
ats JUDGE
APPENDIX OF CRL.MC 3756/2023
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE ORDER DATED 05/12/2022 OF
HON'BLE ADDL. SESSIONS COURT-V, KOLLAM
