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2025:KER:28976 BAIL APPL. NO. 4520 OF 2025 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 BAIL APPL. NO. 4520 OF 2025 CRIME NO.108/2022 OF Pallithottam Police Station, Kollam AGAINST THE ORDER/JUDGMENT DATED IN Bail Appl.
NO.2914 OF 2022 OF HIGH COURT OF KERALA PETITIONER/ACCUSED: SHANU AGED 29 YEARS S/O. SAKEER HUSSAIN, LOVE LAND, KAUMUDI NAGAR-48, PALLOTHOTTAM CHERRY, KOLLAM WEST VILLAGE, PIN - 691001 BY ADVS.
P.MOHAMED SABAH LIBIN STANLEY SAIPOOJA SADIK ISMAYIL R.GAYATHRI M.MAHIN HAMZA ALWIN JOSEPH BENSON AMBROSE RESPONDENT/S
TATE & COMPLAINANT
: 1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN – 682031
2025:KER:28976 BAIL APPL. NO. 4520 OF 2025 2 2 THE STATION HOUSE OFFICER PALLITHOTTAM POLICE STATION, PALLITHOTTAM P.O, KOLLAM DISTRICT, PIN - 691006 OTHER PRESENT:
SR PP-NOUSHAD K A THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2025:KER:28976 BAIL APPL. NO. 4520 OF 2025 3 P.V.KUNHIKRISHNAN, J. -------------------------------- B.A. No.4520 of 2025 ---------------------------------------------- Dated this the 04th day of April, 2025
ORDER This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita.
2. Petitioner is the accused in Crime No.108/2022 of Pallithottam Police Station. The above case is registered against the petitioner alleging offences punishable under Sections 294(b), 341, 506(ii) and 307 of the Indian Penal Code.
3. The petitioner was originally granted bail and it was cancelled by the trial court. The cancellation order was challenged before this Court by filing Crl.M.C. No.3978/2024. This Court, after considering all the
contentions of the petitioner, disposed the same as per Annexure-4 order. It will be better to extract the concluding
2025:KER:28976 BAIL APPL. NO. 4520 OF 2025 4 portion of Annexure-4 order:
“In view of the above, the impugned order of the learned Sessions Judge does not warrant any interference. However, considering the nature of crime alleged against the petitioner, it is directed that, if the trial in S.C.No. 1816/2022 is not commenced within nine months, petitioner will be at liberty to apply afresh for grant of bail, notwithstanding the custodial trial directed by the learned Sessions Judge. To that extent, the direction for a custodial trial shall stand vacated after nine months. The Crl.M.C.is disposed of.
4. According to the petitioner, the trial is not complete as mentioned in the above order. If that is the case, the petitioner can approach the jurisdictional court with appropriate application so that the jurisdictional court can consider the same and pass appropriate orders. Admittedly the petitioner has not approached the trial court after Annexure-4 order. I think this bail application need not be entertained. The petitioner can file appropriate application before the jurisdictional court.
2025:KER:28976 BAIL APPL. NO. 4520 OF 2025 5 Granting liberty to the petitioner to approach the jurisdictional court with appropriate application in accordance with law, this bail application is disposed of.
sd/- P.V.KUNHIKRISHNAN JUDGE jv