Petritioner convicted in wife-beating case sought quashing after acquittal of co-accused. Court permitted surrender and bail application, suspending N.B.W. for three weeks.
Petitioner permitted to surrender and apply for bail; N.B.W. kept in abeyance for three weeks.
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.
Crl.MC.1249/21 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
Crl.MC.No.1249 OF 2021(E)
AGAINST THE ORDER/JUDGMENT IN LP 100012/2006 OF ADDITIONAL DISTRICT COURT (ADHOC)-II, KALPETTA
CRIME NO.34/2000 OF Thalapuzha Police Station , Wayanad
PETITIONER/S:
SHOWKATHALI.P AGED 51 YEARS S/O.MOHAMMED HAJI, PALAKKODAN HOUSE, PUZHAKKATTIRI, PERINTHALMANNA, MALAPPURAM-679321.
BY ADVS. SRI.P.MOHANDAS (ERNAKULAM) SRI.K.SUDHINKUMAR SRI.S.K.ADHITHYAN SRI.SABU PULLAN SRI.GOKUL D. SUDHAKARAN
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682031.
OTHER PRESENT:
SR.PP.C.S.HRTIHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.1249/21
2
V.G.ARUN, J.
CRL.M.C.No. 1249 of 2021
Dated this the 25th day of March, 2021
O R D E R
The prayer in this Crl.M.C is to quash the proceedings pending against the petitioner as L.P.No.12 of 2006 on the files of the Additional District and Sessions Judge (Adhoc)-II, Kalpetta. The prayer is founded on Annexure A5 judgment by which the petitioner's co-accused were acquitted after trial. Learned counsel for the petitioner submits that the absence of the petitioner before the trial court was not wilfull and was due to reason of the petitioner being away from station and hence, unaware about the proceedings. It is submitted that the petitioner is desirous of surrendering before the trial court, but is apprehensive that the court may deny bail to him.
In the result, the Crl.M.C is disposed of permitting the petitioner to surrender before the Additional Sessions Judge (Adhoc)-II, Kalpetta in L.P.No.12 of 2006 and to submit an application for bail. In such event, the learned Additional Sessions Judge shall consider the bail application on the date of petitioner's surrender and pass orders
Crl.MC.1249/21
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thereon on the same day. In order to provide an opportunity for the petitioner to surrender and seek bail, the non-bailable warrant pending
against him shall be kept in abeyance for three weeks.
Sd/-
V.G.ARUN, JUDGE
vgs
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4
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN CRIME NO.34/2000 OF THALAPPUZHA POLICE STATION, DATED 31.03.2001.
ANNEXURE II TRUE COPY OF THE WEDDING INVITATION CARD OF THE SON OF THE PETITIONER.
2 issues framed by the court
Whether benefit of co-accused acquittal extends to absconding accused who surrendered after judgment.
Whether N.B.W. should be kept in abeyance to allow surrender and bail application.
SHOWKATHALI.P
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
