Manikuttan vs State of Kerala

Type Court Judgment Court Kerala Orders Decided May 23, 2023

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Citation: sooperkanoon.com/1361280
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: May 23, 2023
Case Number: Crl.MC/3946/2023

Parties & Advocates

Appellant / Petitioner

Manikuttan

Respondent

State of Kerala

Excerpt

.....this the 23rd day of may, 2023orderthe prayer in this crl.m.c is as follow: “....to quash the coercive steps pending against the petitioner in s.c no.362/2019 and to release the petitioner on bail on his appearance in the court below on the same day.”2. the petitioner is the sole accused in sc no.362/2019.3. the offences alleged against the petitioner are punishable under section 354-a(3) of the indian penal code and sections 11(i) and 12 of the pocso act.4. heard both sides.5. it is submitted that the petitioner had no idea about thesubmission of the final report in the matter. he came to have knowledge regarding the pendency of the sessions case when coercive steps were ordered against him by the court below. it is further submitted that the petitioner had been employed in the state of maharashtra. the petitioner undertakes that he will appear before the court below and co-operate with the trial in the matter. non-bailable warrant is pending against the petitioner.6. the learned counsel for the petitioner submits that thepetitioner is intending to surrender before the court below and make an application for regular bail. if the petitioner appears before the court below and files an application seeking regular bail, the same shall be considered and decided positively on the date of filing itself, in the light of the principles declared by the apex court in satender kumar antil v cbi [(2022) 10 scc 51].7. non-bailable warrant issued against the petitioner shall bekept in abeyance for a period of two weeks. the petitioner shall appear before the court below within a period of two weeks. this crl.m.c is disposed of as above. sd/- k.babu, judge kas appendix of crl.mc 3946/2023 petitioner annexures annexure i a copy of the final report in crime no is produced herewith and may be marked as annexure i.

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 23RD DAY OF MAY 2023 / 2ND JYAISHTA, 1945 CRL.MC NO. 3946 OF 2023 CRIME NO.959 OF 2019 OF THIRUVALLA POLICE STATION PETITIONER/ACCUSED: MANIKUTTAN, AGED 54 YEARS, S/O KARTHA, THALAKKERIL OTHARA, THIRUVALLA, PIN - 689546 BY ADVS. S.RAJEEV V.VINAY M.S.ANEER PRERITH PHILIP JOSEPH ANILKUMAR C.R. SARATH K.P. RESPONDENT/STATE: STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 (CRIME NO.959 OF 2019 OF THIRUVALLA POLICE STATION, PATHANAMTHITTA BY ADV SRI.G SUDHEER,PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.BABU, J.
-------------------------------------- Crl.M.C No.3946 of 2023 --------------------------------------- Dated this the 23rd day of May, 2023

ORDER

The prayer in this Crl.M.C is as follow: “....to quash the coercive steps pending against the petitioner in S.C No.362/2019 and to release the petitioner on bail on his appearance in the court below on the same day.”

2. The petitioner is the sole accused in SC No.362/2019.

3. The offences alleged against the petitioner are punishable under Section 354-A(3) of the Indian Penal Code and Sections 11(i) and 12 of the POCSO Act.

4. Heard both sides.

5. It is submitted that the petitioner had no idea about the

submission of the final report in the matter. He came to have knowledge regarding the pendency of the Sessions Case when coercive steps were ordered against him by the Court below. It is further submitted that the petitioner had been employed in the State of Maharashtra. The petitioner undertakes that he will appear before the Court below and co-operate with the trial in the matter. Non-bailable warrant is pending against the petitioner.

6. The learned counsel for the petitioner submits that the

petitioner is intending to surrender before the Court below and make an application for regular bail. If the petitioner appears before the Court below and files an application seeking regular bail, the same shall be considered and decided positively on the date of filing itself, in the light of the principles declared by the Apex Court in Satender Kumar Antil v CBI [(2022) 10 SCC 51].

7. Non-bailable warrant issued against the petitioner shall be

kept in abeyance for a period of two weeks. The petitioner shall appear before the Court below within a period of two weeks. This Crl.M.C is disposed of as above. Sd/- K.BABU, JUDGE KAS APPENDIX OF CRL.MC 3946/2023 PETITIONER ANNEXURES Annexure I A COPY OF THE FINAL REPORT IN CRIME NO IS PRODUCED HEREWITH AND MAY BE MARKED AS ANNEXURE I.

Same Court & Year Kerala Orders · 2023 Same Parties Manikuttan vs State of Kerala Same Judge Honourable Mr.Justice K. Babu