Shaji @ Silju vs State Of Kerala
2024 Latest Caselaw 13484 Ker

Kerala High Court

Shaji @ Silju vs State Of Kerala on 24 May, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   FRIDAY, THE 24TH DAY OF MAY 2024 / 3RD JYAISHTA, 1946
                  CRL.MC NO. 4388 OF 2024
   CRIME NO.1104/2016 OF PATHANAMTHITTA POLICE STATION,
                      PATHANAMTHITTA
  AGAINST THE ORDER/JUDGMENT DATED IN SC NO.214 OF 2020
   OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
           PATHANAMTHITTA / III ADDITIONAL MACT
PETITIONER/ACCUSED NO.2:

         SHAJI @ SILJU, AGED 44 YEARS
         S/O A.P.SOMAN, PUNNATTEH(H), MALAKUZHA VILLAGE,
         KOZHUVALLOOR P.O., CHENGANNUR TALUK,
         ALAPPUZHA DISTRICT, PIN - 689521
         BY ADVS.
         K.S.PRAVEEN
         M.I.MOHAMMED RAFFI


RESPONDENT/DE FACTO COMPLAINANT :

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



         SMT.SREEJA V. (SR. PP)


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.05.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4388 OF 2024

                                                 2


                              BECHU KURIAN THOMAS, J
                      ......................................................
                                 Crl.M.C.No.4388 of 2024
                          ...................................................
                      Dated this the 24th day of May, 2024


                                             ORDER

Petitioner is the 2nd accused in S.C.No.214/2020 on the files of the

Additional Sessions Court-III, Pathanamthitta. The offence alleged

against the petitioner is under Sections 447, 294(b), 506(ii), 323,

324, 308 and 342 r/w Section 34 of the Indian Penal Code, 1860.

2. Due to non-appearance of the petitioner, non-bailable warrant has

been issued against him. Even though petitioner is willing to appear

and participate in the trial, he apprehends that he will be remanded

to custody.

3. Having heard the learned counsel for the petitioner and the learned

Public Prosecutor, I am of the view that this Crl.M.C.can be disposed

of with a direction.

4. Since the petitioner has expressed his willingness to participate in the

trial, there will be a direction to the Additional Sessions Court-III,

Pathanamthitta to consider the applications for recall of warrant and

for grant of bail, if any, filed by the petitioner in S.C.No.214/2020, CRL.MC NO. 4388 OF 2024

on the same day itself, provided such applications are filed within 15

days from today.

5. To enable the petitioner to appear before the Magistrate as directed,

the non-bailable warrant issued against the petitioner shall be kept in

abeyance for a period of 15 days from today.

The Crl.M.C.is disposed of.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/27/05/2024