Kerala High Court
Sainudheen vs State Of Kerala on 25 April, 2025
2025:KER:33070
CRL.MC NO. 3838 OF 2025
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. V. JAYAKUMAR
FRIDAY, THE 25TH DAY OF APRIL 2025 / 5TH VAISAKHA, 1947
CRL.MC NO. 3838 OF 2025
CRIME NO.756/2017 OF Vadakkekad Police Station, Thrissur
AGAINST THE ORDER/JUDGMENT IN SC NO.849 OF 2018 OF
ASSISTANT SESSIONS COURT/SUB COURT/COMMERCIAL COURT,
CHAVAKKAD
PETITIONER/ACCUSED:
SAINUDHEEN
AGED 50 YEARS
S/O. MUHAMMED, PERUMBULLI HOUSE, PAPPALI,
ANDATHODU, THRISSUR, PIN - 680518
BY ADV V.A.VINOD
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
SRI. VIPIN NARAYAN, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 25.04.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.MC NO. 3838 OF 2025
2
K. V. JAYAKUMAR, J
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Crl.M.C.No.3838 of 2025
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Dated this the 25th day of April, 2025
ORDER
Public Prosecutor takes notice for the respondent.
2. The petitioner is the sole accused in
S.C.No.849/2018 pending on the files of the Assistant
Sessions Court, Chavakkad arising out of Crime
No.756/2017 registered under Sections 341, 323, 324,
294(b) and 307 of the Indian Penal Code.
3. The prosecution allegation is that, on
14.11.2018 at about 8.45 a.m., the accused assaulted CW2
with a knife and also assaulted CW2 to CW4 and also
abused CW5 and thereby committed the above offences.
The motive behind the alleged assault is that the wife of
CW1 questioned the accused for dumping waste from the
chicken farm near their house.
4. The learned Counsel for the petitioner
submitted that, non-bailable warrant is pending against the
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CRL.MC NO. 3838 OF 2025
petitioner. The petitioner is ready to surrender before the
trial court and is ready to co-operate with the trial of the
case.
After hearing both sides, I am of the opinion that
this Crl.M.C. can be allowed. Therefore, this Crl.M.C is
allowed with the following directions:
1. The petitioner shall surrender before the
trial court within one month from today. Till then, non -
bailable warrant shall be kept in abeyance. The petitioner
shall give advance copy to the Public Prosecutor before
such surrender.
2. On such surrender, the Assistant Sessions
Court shall dispose of his bail application on that day itself.
Sd/-
K. V. JAYAKUMAR,
JUDGE
LEK
2025:KER:33070
CRL.MC NO. 3838 OF 2025
PETITIONER ANNEXURES
Annexure1 TRUE COPY OF THE ORDER IN CRL M A NO
1/2023 IN CRL M.C NO 10728/2023 DATED
19.12.2023 OF THIS HON'BLE HIGH COURT.
Annexure A-2 TRUE COPY OF THE PROCEEDINGS DATED
08.07.2022 OF HON'BLE ASSISTANT
SESSIONS COURT, CHAVAKKAD IN SC NO
Annexure A-3 TRUE COPY OF THE JUDGEMENT IN CRL M.C
NO 5934/2020 DATED 13.11.2024 OF THIS
HON'BLE HIGH COURT.
Annexure A-4 TRUE COPY OF THE JUDGEMENT IN CRL MC NO
10728/2023 DATED 13.11.2024 OF THIS
HON'BLE HIGH COURT.
Annexure A-5 TRUE COPY OF THE PROCEEDINGS DATED
08.01.2025 OF HON'BLE ASSISTANT
SESSIONS COURT, CHAVAKKAD
Annexure A-6 TRUE COPY OF THE ORDER IN SLP (CRL)
DIARY NO 12523/2025 DATED 09.04.2025
