[Cites 1, Cited by 0]
Kerala High Court
Jilani Safarulla vs State Of Kerala on 27 March, 2026
Author: C.S.Dias
Bench: C.S.Dias
2026:KER:27628
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
FRIDAY, THE 27TH DAY OF MARCH 2026 / 6TH CHAITHRA, 1948
CRL.MC NO. 1770 OF 2026
CRIME NO.822/2022 OF PALODE POLICE STATION,
THIRUVANANTHAPURAM
AGAINST THE ORDER/JUDGMENT IN CC NO.196 OF 2023 OF
JUDICIAL MAGISTRATE OF FIRST CLASS -I,NEDUMANGAD
PETITIONER/ACCUSED NO.1:
JILANI SAFARULLA,
AGED 43 YEARS
KOCHUNADA THEKKETHIL KATTAYATHU VEEDU,
KAVANAD, KURIYAPPUZHA , SAKTHIKULANGARA VILLAGE,
KOLLAM DISTRICT, NOW RESIDING AT OOZHAPPALLAYIL
VEEDU, SLAB LANE PONOTH ROAD, KALOOR
ERNAKULAM DISTRICT, PIN - 682017.
BY ADVS.
SRI.K.BIJU
SRI.P.P.PRAVEEN
SRI.K.R.SAJITH
RESPONDENTS/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA AT ERNAKULAM,
PIN - 682031.
Crl.M.C.No.1770 of 2026
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2 STATION HOUSE OFFICER,
PALODE POLICE STATION, THIRUVANANTHAPURAM
RURAL,THIRUVANANTHAPURAM, PIN - 695562.
BY ADV.SRI.C.S.HRITHWIK, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 27.03.2026, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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C.S.DIAS, J.
---------------------------------------
Crl.MC No.1770 of 2026
------------------------------------------------------
Dated this the 27th day of March, 2026
ORDER
The petitioner is the 1st accused in C.C.No.196
of 2023 on the file of the Court of the Judicial
Magistrate First Class-I (Forest Offences),
Nedumangad ('trial court' for brevity), which has
originated from Crime No.822 of 2022 registered by
the Palode Police Station, Thiruvananthapuram,
alleging the commission of offences punishable under
Sections 419, 463, 420, 465, 468, 471 and 506(1) read
with Section 34 of Indian Penal Code.
2. The petitioner stated in the criminal
miscellaneous case that, by Annexure-A1 order dated
31.01.2025, this Court had directed the trial court to
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consider the application for discharge filed by accused
1 and 2 in the above crime and to pass a reasoned
order, after adverting to the legal and factual
contentions raised by the said accused persons. It was
further directed that, if an application seeking
exemption from personal appearance is also filed, the
same should also be considered. Notwithstanding the
passing of the above order and the petitioner filing an
application for discharge, the trial court has not
considered the said application; instead, has issued a
non-bailable warrant against the petitioner, as
reflected in Annexure-A4 B-Diary. The non-
consideration of the discharge application and the
issuance of the non-bailable warrant are ex facie
erroneous and unjustifiable. Hence, the Crl.M.C.
3. I have heard the learned counsel for the
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petitioner and the learned Public Prosecutor
representing the respondents.
4. By Annexure-A1 order, this Court had
disposed of Crl.M.C. No.7027 of 2023 by directing
accused 1 and 2 (the petitioner and the 2nd accused) to
file an application for discharge and also seek
permanent exemption until the discharge application is
decided. Admittedly, the petitioner filed Annexure-A2
discharge petition on 22.09.2025. However, the trial
court has not considered the said application on the
ground that the petitioner has not got himself enlarged
on bail.
5. Pursuant to the direction of this Court,
the trial court by communication dated 05.03.2026, has
informed this Court that the said application has not
been considered since the petitioner has not got
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himself enlarged on bail or filed an application for
permanent exemption.
6. The learned counsel for the petitioner
submits that the petitioner had filed applications for
exemption on all posting dates. Therefore, this is only
to harass the petitioner that the coercive proceedings
have been initiated.
7. On a consideration of the specific
directions passed by this Court in Annexure-A1 order,
I direct the trial court to consider and dispose
Annexure-A2 application in accordance with the law as
directed in Annexure-A1 order, without insisting for the
petitioner to get himself enlarged on bail. The trial
court is further directed to dispose of Annexure-A2
application within a period of one month from the date
of production of a copy of this order. Until such time
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orders are passed on Annexure-A2 application, all
further coercive proceedings as against the petitioner
shall stand deferred.
This Crl.M.C. is disposed of as above.
Sd/-
C.S.DIAS
JUDGE
ams
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APPENDIX OF CRL.MC NO. 1770 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT IN CRL MC 7027/23 DATED
31.01.2025
ANNEXURE A2 TRUE COPY OF THE DISCHARGE PETITION CMP
3671 OF 2025 IN CC 196 OF 2023
ANNEXURE A3 CERTIFIED COPY OF THE B DIARY
PROCEEDINGS IN CC 196 OF 2023 ON THE
FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT FOREST OFFENCES
NEDUMANGADU
ANNEXURE A4 CERTIFIED COPY OF THE B DIARY
PROCEEDINGS IN CC 196 OF 2023 ON THE
FILE OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT FOREST OFFENCES
NEDUMANGADU
ANNEXURE A5 THE TRUE COPY OF THE FIR DATED
08.08.2022 IN CRIME NO.822/2022 OF
PALOD POLICE STATION THIRUVANANTHAPURAM
RURAL
