Kerala High Court
Ajayan.T vs State Of Kerala on 8 March, 2021
Author: B.Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 08TH DAY OF MARCH 2021 / 17TH PHALGUNA, 1942
CRL.A.No.48 OF 2021
AGAINST THE ORDER/JUDGMENT IN CRMC 1460/2020 DATED 07-01-
2021 OF SESSIONS COURT, KOZHIKODE
CRIME NO.1098/2020 OF Medical College Police Station,
Kozhikode
APPELLANT/S:
1 AJAYAN.T, AGED 45 YEARS,
S/O. P.T. MADHUSOODANA KURUP, VASANTHAM (H),
ERATTAYIL PARAMBA, T.P. KUMARAN NAIR ROAD,
CHEVAYOOR P.O. KOZHIKODE DISTRICT.
2 SAJESH.S., AGED 46 YEARS,
S/O. CHANDRASEKHARAN PRINCESS NIVAS (H),
CHEVAYUR P.O. KOZHIKODE DISTRICT.
3 PRAJOSH KUMAR, AGED 49 YEARS,
S/O CHANDUKUTTY, NIRMALYAM HOUSE, THACJARAKKAL,
CHEVAYUR P.O. KOZHIKODE DISTRICT.
4 CHANDRASEKHARAN, AGED 80 YEARS,
S/O. LATE SANKARAN KUTTY, PRINCESS NIVAS (H),
CHEVAYUR P.O. KOZHIKODE DISTRICT.
BY ADVS.
SRI.ADITHYA RAJEEV
SRI.T.R.HARIKUMAR
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, KOCHI 682031.
2 SMITHA, W/O. VEERAJ, RESIDING AT MANISSERI
PARAMBIL HOUSE, VELLIPARAMBU 6/2, VELLIPARAMBU
P.O. KOZHIKODE DISTRICT 673 008.
R2 BY ADV. SRI.P.JERIL BABU
OTHER PRESENT:
SRI. K. B. UDAYAKUMAR, SR.PP
THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON
08.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
Crl.Appeal No.48 of 2021
-2-
JUDGMENT
When this matter has taken up for hearing, the learned Senior Public Prosecutor has submitted that the final report has been already filed in this case after completing the investigation. The 4th accused is not an accused in the final report, submitted by the learned Senior Public Prosecutor. In view of the above, the learned counsel for the appellants has prayed for granting permission to withdraw this appeal. Permission stands granted. Accordingly, this appeal stands dismissed as withdrawn.
However, the appellants shall be at liberty to surrender before the court concerned and apply for regular bail. If Crl.Appeal No.48 of 2021 -3- the appellants file any application for regular bail on their surrender before the court concerned, after giving copy of the application for bail in advance to the learned Special Public Prosecutor concerned, to enable the learned Special Public Prosecutor to inform the victim as provided under Section 15-A(3) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, the court concerned shall consider and dispose of the application for regular bail, in accordance with law, as expeditiously as possible, preferably on the date of surrender itself.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE STK