Kerala High Court
Murshid Muhammed M.K.P vs State Of Kerala on 7 July, 2025
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
MONDAY, THE 7TH DAY OF JULY 2025 / 16TH ASHADHA, 1947
CRL.MC NO. 5044 OF 2025
CRIME NO.1039/2023 OF Kalpetta Police Station, Wayanad
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.528 OF 2023
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - I & RENT
CONTROL APPELLATE AUTHORITY, KALPETTA
PETITIONER/S:
MURSHID MUHAMMED M.K.P
AGED 25 YEARS, S/O MUHAMMED M.K.P, JASS VILLA, MELE
KECHERY PUNATHIL, PERUMANNA (VILLAGE), PANTHEERANKAVU
POST, KOZHIKODE DISTRICT., PIN - 673121
BY ADV SRI.JESWIN P.VARGHESE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 XXXXXXXXXX
XXXXXXXXXX XXXXXXXXXX
OTHER PRESENT:
SMT PUSHPALATHA M.K., SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 07.07.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:49759
Crl.M.C. No.5044 of 2025
-2-
G. GIRISH, J.
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Crl.M.C. No.5044 of 2025
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Dated this the 7th day of July, 2025
ORDER
The petitioner is the accused in S.C.No.528 of 2023 on the files
of the Additional Sessions Court (Fast Track Special Court)- I,
Kalpetta. The offences alleged against him are under Sections 363,
366, 354, 354A(2), 354B, 376(2)(n) and 376(3) of IPC and Section 6
read with Section 5 and Section 10 read with Section 9 of the
POCSO Act. The relief sought for in this petition is a direction for the
Additional Sessions Court (Fast Track Special Court)- I, Kalpetta, to
release the petitioner on the date of his surrender, on the same bail
bond which he had executed pursuant to the earlier bail granted to
him.
2. It is stated that the Non-Bailable Warrant was ordered
against the petitioner without cancelling the bail, and hence he is
entitled to continue on bail on the same bail bond which the sureties
had earlier executed. It is the further contention of the petitioner
2025:KER:49759
that since the issue involved in this case had already been amicably
settled between the petitioner and the survivor, both of them want
an early disposal of the pending case.
3. Heard the learned counsel for the petitioner and the
learned Public Prosecutor representing the State of Kerala.
4. The learned counsel for the petitioner submitted that
Crl.M.C.No.2592 of 2025 has been filed before this Court for
quashing S.C.No.528 of 2023 pending before the Trial Court, in view
of the settlement of the issue between the parties. It is further
submitted that in Crl.M.C.No.2592 of 2025, the victim as well as her
parents have sworn affidavits expressing their willingness to
terminate the prosecution proceedings.
5. When it is brought to the notice of the learned counsel
for the petitioner that offences under the POCSO Act cannot be
quashed on the basis of the compromise with the survivor or her
parents, the learned counsel submitted that the petitioner is ready to
face the trial, and that the only request is to expedite the
2025:KER:49759
proceedings before the Trial Court. It is also submitted that
appropriate orders may be passed to ensure that the petitioner
would be able to face the trial in the said case by remaining on bail.
7. It is apparent from the facts and circumstances of the
case that the detention of the petitioner in custody is not required
for any purpose related to the enquiry or trial. Of course, in an
exceptional case where the victim apprehends criminal intimidation
from the offender, who is at large, the Trial Court may be justified for
insisting that the petitioner should be kept under judicial custody
during the pendency of the trial. As far as the present case is
concerned, it is seen from the records that even the victim and her
parents are inclined to terminate the prosecution proceedings
against the petitioner. In such a case, the incarceration of the
petitioner in prison, is totally unwarranted. Therefore, the request of
the petitioner that he may be permitted to remain at large during
the pendency of the trial in S.C.No.528 of 2023 on the files of the
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Additional Sessions Court (Fast Track Special Court)- I, Kalpetta, is
fully justified.
In the above circumstances, I deem it appropriate to dispose
of the Crl.M.C. upon the following terms:-
(i) The Non-Bailable Warrant ordered against the petitioner
shall be kept in abeyance for a period of 30 days from today.
(ii) The petitioner shall surrender before the Trial Court
within the above period of 30 days and file application for his release
on bail.
(iii) Upon such bail application being filed, the Trial Court
shall release the petitioner on bail, subject to appropriate conditions.
Sd/-
G. GIRISH
JUDGE
ded/07.07.2025
2025:KER:49759
PETITIONER ANNEXURES
Annexure A1 A TRUE COPY OF FIR REGISTERED AS CRIME NO.
1039/2023 OF KALPETTA POLICE STATION IN
WAYANADU DISTRICT DATED 04.09.2023
Annexure A2 A TRUE COPY OF FINAL REPORT REGISTERED AS
S.C. NO. 528/2023 PENDING ON THE FILES OF
ADDITIONAL SESSIONS COURT (FAST TRACK SPECIAL
COURT - 1), KALPETTA DATED 31.10.2023
Annexure A3 A TRUE COPY OF THE ORDER PASSED BY THIS
HON'BLE COURT IN BAIL APPL. NO. 11039/2023
DATED 08.01.2024
Annexure A4 A TRUE COPY OF THE AGREEMENT EXECUTED BETWEEN
THE PARENTS OF THE PETITIONER AND THE VICTIM
DATED 07.02.2025
Annexure A5 A TRUE COPY OF THE PROCEEDINGS IN S.C. NO.
528/2023 PENDING ON THE FILES OF ADDITIONAL
SESSIONS COURT (FAST TRACK SPECIAL COURT -
1), KALPETTA, AS REVEALED FROM E-COURT
