Bibin Tomy vs State Of Kerala
2024 Latest Caselaw 28157 Ker

Kerala High Court

Bibin Tomy vs State Of Kerala on 24 September, 2024

Author: K.Babu

Bench: K. Babu

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                    THE HONOURABLE MR.JUSTICE K. BABU

   TUESDAY, THE 24TH DAY OF SEPTEMBER 2024 / 2ND ASWINA, 1946

                           CRL.A NO. 1765 OF 2024

        AGAINST     THE    ORDER/JUDGMENT     DATED    27.08.2024    IN   CRMC

NO.2338 OF 2024 OF DISTRICT COURT & SESSIONS COURT, ERNAKULAM


APPELLANT/ACCUSED:

               BIBIN TOMY
               AGED 29 YEARS
               SON OF SRI. TOMY VARGHESE, THONDIMALAYIL HOUSE,
               THEKKUMBHAGHAM, KARIKODE P.O., THODUPUZHA, IDUKKI
               DISTRICT, KERALA, PIN - 685585


               BY ADV LUKE J CHIRAYIL


RESPONDENTS/STATE AND DEFACTO COMPLAINANT:

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

    2          THE STATION HOUSE OFFICER
               ERNAKULAM TOWN NORTH POLICE STATION, EMAKULAM
               DISTRICT, KERALA, PIN - 682018

    3          XXXXXXXXXX
               AGED XXX YEARS,
               XXXXXXXXXX

               SMT.NIMA JACOB, PP


        THIS    CRIMINAL   APPEAL   HAVING    COME    UP   FOR   ADMISSION   ON
24.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 CRL.A.No. 1765 of 2024

                                2


                                                     2024:KER:70936



                          K.BABU.,J
               ---------------------
                    CRL.A.No.1765 of 2024
           ---------------------------
           Dated this the 24th day of September, 2024

                           JUDGMENT

The learned counsel for the appellant seeks

permission to withdraw the appeal with liberty to surrender

before the jurisdictional court.

2. The permission sought for is granted.

Therefore, this Criminal Appeal is dismissed as

withdrawn. The appellant is at liberty to file an application

seeking regular bail before the Trial Court.

Sd/-

K.BABU JUDGE bng

2024:KER:70936

PETITIONER ANNEXURES

ANNEXURE A1 TRUE COPY OF THE PHOTOGRAPHS OF THE APPELLANT AND THE DE-FACTO COMPLAINANT.

ANNEXURE A2 TRUE COPY OF THE EMAIL DATED 03.07.2024 SEND BY THE APPELLANT TO THE COMMISSIONER OF POLICE, ERNAKULAM ALONG WITH THE COMPLAINT.

ANNEXURE A3 TRUE COPY OF THE COMPLAINT DATED 02.07.2024 PREFERRED BY THE APPELLANT BEFORE THE SHO, KALAMASSERRY POLICE STATION.

ANNEXURE A4 TRUE COPY OF THE ACKNOWLEDGMENT RECEIPT DATED 04.07.2024 HAVING PETITION NUMBER: 17581/2024, ISSUED BY ERNAKULAM TOWN NORTH POLICE STATION. ANNEXURE A5 TRUE COPY OF THE GOOGLE PAY RECEIPTS EVIDENCING THE MONETARY TRANSACTIONS BETWEEN THE APPELLANT THE DE- FACTO COMPLAINANT.

ANNEXURE A6 TRUE COPY OF THE UNDATED CERTIFICATE OF GENERAL EDUCATION DEPARTMENT TECHNICAL HIGH SCHOOL LEAVING CERTIFICATE ISSUED IN THE NAME OF THE APPELLANT BY BOARD OF PUBLIC EXAMINATION, KERALA.

ANNEXURE A7 FREE COPY OF THE ORDER DATED 27.08.2024 IN CRL. M.C. NO. 2338/2024 ON THE FILES OF THE COURT OF THE SPECIAL JUGE FOR THE TRIAL OF OFFENCES UNDER SC/ST (POA) ACT, 1989, ERNAKULAM.