The Court directed the petitioner to surrender to the Sessions Court within two weeks to prefer a bail application explaining his non-appearance. The pending non-bailable warrant was kept in abeyance for the surrender period.
Petaition Sd. Rajajv with the returned within 倆典 @WA Prince warrant 3d.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 3RD DAY OF MAY 2016/13TH VAISAKHA, 1938
Crl.MC.No. 2156 of 2016
S.C.NO.613/2012 OF ADDITIONAL DISTRICT AND SESSIONS COURT-II (FAST TRACK COURT-I), PATHANAMTHITTA
CRIME NO. 903/2001 OF PATHANAMTHITTA POLICE STATION , PATHANAMTHITTA
PETITIONER(S)/ACCUSED NO.1 :
SANJU @ RAHMATHULLA, AGED 38 YEARS, S/O. LATE AHAMMED, ALANKARATHU HOUSE, KULASEKHAPATHY, PATHANAMTHITTA.
BY ADVS.SRI.S.SHANAVAS KHAN SMT.S.INDU
RESPONDENT(S)/COMPLAINANT :
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SMT.LILLY LESSLY
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03-05-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Msd.
Crl.MC.No. 2156 of 2016
APPENDIX
PETITIONER(S)' ANNEXURES :
ANNEXURE A TRUE COPY OF THE ORDER DATED 13.05.2014 IN CRL.MC NO.2522/2014 OF THIS HON'BLE COURT.
RESPONDENT(S)' ANNEXURES :
NIL
//TRUE COPY//
P.A.TO JUDGE
Msd.
RAJA VIJAYARAGHAVAN V., J.
Crl. M.C. No. 2156 of 2016
Dated this the 3rd day of May, 2016
O R D E R
1.The petitioner is the 1st accused in Crime No. 903/2001 of Pathanamthitta Police Station. The aforesaid crime has been registered, alleging offences punishable under Sections 143, 144, 145, 147, 148, 150, 151, 153A, 307, 435, 436, 332, 353 & 149 of the IPC, Section 20 of the Arms Act r/w Sections 27 and 2(c) of the PDPP Act.
2.It is submitted by the learned counsel appearing for the petitioner that during the trial stage, the petitioner was arrested and he was granted bail. The case was later committed to the Sessions Court and it was renumbered as SC No.422/2006 and the petitioner was enlarged on bail by the learned Sessions Court as well. It appears that the petitioner was not available at the time of trial and the case against him was split up and trial as against the other accused were proceeded with. It is submitted by the learned counsel that all the other accused, who faced trial, were acquitted as per judgment dated 13.04.2012. Insofar
..2..
Crl. M.C. No. 2156 of 2016
as the petitioner is concerned, the case was refiled as SC No.613/2012 and non-bailable warrant is pending against him.
Sd/- RAJA VIJAYARAGHAVAN V. JUDGE
bka/3.5.16
2 issues framed by the court
Whether to grant liberty for the petitioner to surrender and apply for bail given a pending non-bailable warrant.
Whether the learned Sessions Judge should consider the bail application on merits upon surrender.
2 provisions across 2 enactments
Sanju @ Rahmathulla
The State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
