The High Court refused to terminate proceedings against an absconding accused based on the acquittal of his clubbed co-accused, directing the trial court to dispose of a future bail application within ten days.
Direction to dispose of future bail application within ten days upon surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 14TH DAY OF MARCH 2016/24TH PHALGUNA, 1937
Crl.MC.No. 1027 of 2016 ()
SC.NO. 136/2014 OF ASSISTANT SESSIONS COURT, KOCHI CRIME NO. 175/2008 OF FORT KOCHI POLICE STATION , ERNAKULAM DISTRICT
PETITIONER/2ND ACCUSED:
ASLAM, AGED 40 YEARS, S/O.NOOR MUHAMMED, RESIDING AT HOUSE NO.14/2168, CHAKKANATTU, CHULLICKAL, KOCHI - 5, ERNAKULAM DISTRICT.
BY ADVS.SRI.T.MADHU
SRI.B.S.SURAJ KRISHNA
RESPONDENT/STATE:
THE STATE OF KERALA THROUGH THE STATION HOUSE OFFICER, FORT KOCHI POLICE STATION, ERNAKULAM DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.
BY PUBLIC PROSECUTOR SMT. MAYA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-03-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 1027 of 2016 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
| ANNEX-A1: | THE TRUE CERTIFIED COPY OF THE FIR IN CRIME NO.175/2008 OF FORT KOCHI POLICE STATION, ERNAKULAM DISTRICT. |
|---|---|
| ANNEX-A2: | THE TRUE CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.175/2008 OF FORT KOCHI POLICE STATION, ERNAKULAM DISTRICT. |
| ANNEX-A3: | THE TRUE CERTIFIED COPY OF THE JUDGEMENT DATED 3.8.2015 IN S.C. NO.136/2014 ON THE FILES OF THE LEARNED ASSISTANT SESSION'S COURT, KOCHI. |
RESPONDENT(S)' ANNEXURES:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
B. KEMAL PASHA, J.
====================
Crl.M.C.No.1027 of 2016
====================
Dated this the 14th day of March, 2016
O R D E R
The petitioner is the 2nd accused in Crime No.175 of 2008 of the Fort Kochi Police Station, which was pending as Sessions Case No.136 of 2014 before the Assistant Sessions Court, Kochi. All the other accused, except the petitioner, faced trial in the case and they were acquitted by the court below, through Annexure-A3 judgment.
Crl.M.C.No.1027 of 2016
-: 2 :-
prosecution proceedings against him, since he was absconding.
application seeking bail that may be filed by the petitioner on his surrender before the court below within ten days from today, on the date of filing itself, provided advance notice on such application has been given to the Assistant Public Prosecutor in charge of the case also.
With the said direction, this Crl.M.C. is disposed of.
Sd/-
B. KEMAL PASHA, JUDGE.
DSV/14/3/16
// True Copy //
P.A. To Judge
1 issue framed by the court
Whether the premature termination of prosecution against the absconding petitioner in a clubbed trial allows this Court to quash the superset crpc proceedings against him.
Aslam
The State of Kerala
B. Kemal Pasha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
