Kerala High Court
Muhammad Navas vs State Of Kerala on 27 October, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF OCTOBER 2023 / 5TH KARTHIKA, 1945
CRL.MC NO. 8438 OF 2023
AGAINST THE ORDER/JUDGMENT IN SC 1083/2023 OF ADDITIONAL DISTRICT
COURT & SESSIONS COURT - VII, ERNAKULAM / III ADDITIONAL MACT,
ERNAKULAM
PETITIONER:
MUHAMMAD NAVAS
AGED 30 YEARS
S/O NAZAR, M.M THOTTIL HOUSE, THURUTHI P.O, KASARGODE
DISTRICT, PIN - 671351
BY ADVS.
P.M.HABEEB
YESMA D. ELAVANTHARA
RESPONDENT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM, KOCHI, PIN - 682031
OTHER PRESENT:
SRI.RENJITH.T.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC No.8438 of 2023
2
P.V.KUNHIKRISHNAN
---------------------
CRL.MC No.8438 of 2023
---------------------------
Dated this the 27th day of October, 2023
ORDER
This Crl.MC is filed with the following prayers:-
"1. Direct the trial court to release the petitioner on
interim bail in crime no 664/2023 of Town North
Police Station, Ernakulam in C.M.P.No.3153 of 2023 in
SC NO 1083/2023 of Additional district and sessions
court VII, Ernakulam.
2. To pass appropriate orders deem to be fit by this
honourable court." (SIC)
2. When this Crl.MC came up for consideration on
13.10.2023, this Court passed the following order:-
"Registry will get a report from the Addl.
District and Sessions Court - VII, Ernakulam to find
out whether CMP.No.3153/2023 is pending and if the
same is pending, get an explanation why the bail
application is not disposed of even now.
Post along with the report on 20.10.2023."
3. Now, a report is submitted by the Additional
District & Sessions Court-VII, Ernakulam. It will be better to
extract the relevant portion of the same, which reads as
CRL.MC No.8438 of 2023
follows:-
"The matter was heard and it is revealed that
another case is pending against this accused. Since
the offence alleged against the 1st accused in this
case is of serious in nature, the learned counsel of
the 1st accused himself submitted to issue letter to
the Chemical Examiner, Regional Chemical
Examiner's Laboratory, Kakkanad to get the Chemical
Analysis Report. It may further be noted that in the
said Crl.MP three respondents are arrayed as
Respondents such as State of Kerala, represented by
the Public Prosecutor, Sub Inspector of Police. Town
North Police Station, Ernakulam and the Chemical
Examiner, Regional Chemical Examiner's Laboratory
Kakkanad. Accordingly, letter was issued on
09.08.2023 for Chemical Analysis Report and it has
not yet received. Subsequently, on 05.10.2023,
reminder has been issued to get the Chemical Report.
The accused is remanded upto 03.11.2023 and the
bail application is also posted on the said date for
hearing and Chemical Analysis Report. In the said
circumstances, the bail application is not disposed of
and this report is submitted for kind consideration."
4. The counsel for the petitioner submitted that, in
the light of the fact that other accused is already released
on bail, the petitioner can argue the matter without waiting
for the Chemical Examination Report. If that is the case, the
Sessions Judge will consider the bail application
CRL.MC No.8438 of 2023
immediately.
Therefore, this Crl.MC is disposed of directing the
Additional District and Sessions Judge-VII, Ernakulam to
consider and pass appropriate orders in the bail application
filed by the petitioner within ten days from 03.11.2023.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
bng
CRL.MC No.8438 of 2023
APPENDIX OF CRL.MC 8438/2023
PETITIONER ANNEXURES
Annexure A PHOTOCOPY OF THE BAIL ORDER CRL.M.C NO
1506/2023 DATED 27/05/2023
