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High Court of KeralaCrl.MC/2505/2015disposed of

Sujin v. State Of Kerala

2015-04-283 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 28TH DAY OF APRIL 2015/8TH VAISAKHA, 1937 Crl.MC.No. 2505 of 2015 ---------------------------------- SC 985/2013 OF ADDITIONAL ASSISTANCE SESSIONS COURT-II,THRISSUR CRIME NO. 135/2007 OF PAVARATTY POLICE STATION , TRISSUR ----------------- PETITIONER(S)/7TH ACCUSED:

-------------------------------------------- SUJIN, S/O UNNIKRISHANAN, VADAKKATH VEEDU, NENMINI DASOM, THAIKKAD VILLAGE, THRISSUR DISTRICT-680101.

BY ADV. SRI.SUNIL V.MOHAMMED RESPONDENT(S)/STATE:

----------------------------------- THE STATE OF KERALA, REP.BY THE SUB INSPECTOR OF POLICE, PAVARATTY POLICE STATION, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-682031.

BY PUBLIC PROSECUTOR SRI.JOSE AEDIODI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28-04-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

ANIL K.NARENDRAN, J.

--------------------------------------- Crl.M.C.No. 2505 of 2015 ---------------------------------------- Dated this the 28th day of April, 2015

ORDER

The petitioner is the seventh accused in Crime No.135 of 2007 of Pavaratty Police Station. Initially the Trial Court tried the case as SC No. 77/2011. Subsequently, the case against the petitioner was split up and renumbered as SC No. 985/2013 on file of the Additional Assistance Sessions Court-II, Thrissur. The offences alleged against the petitioner are punishable under Sections 143, 147,148,341,120B, 323, 324, 326, 307 read with Section 149 of IPC and Section 27 of Arms Act. The grievance of the petitioner is that, the Additional Assistance Sessions Court has already issued non-bailable warrant against him and if he surrenders before the Additional Assistance Sessions Court there is every likelihood of the application not being considered on the very same day. Therefore, the petitioner seeks a direction to consider his bail application on the day of surrender itself.

Crl.M.C.No. 2505 of 2015 2.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

3.

Considering the facts and circumstances of the case, this Crl.M.C. is disposed of directing the petitioner to surrender before the Additional Assistance Sessions Court within a period of two weeks from today and the Additional Assistance Sessions Court is further directed to consider his bail application on the day of surrender itself, strictly in accordance with law. The nonbailable warrant already issued against the petitioner shall be kept in abeyance for a period of two weeks.

The Crl.M.C. is disposed of as above.

ANIL K.NARENDRAN, JUDGE DCS