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2016 Supreme(Ker) 824

SUNIL THOMAS
SURESH A. P. – Appellant
Versus
CIRCLE INSPECTOR OF POLICE, KUTTIADI POLICE STATION – Respondent


Advocates Appeared:
For the Petitioner:Sri. P.V. Kunhikrishnan, Sri. P.V. Anoop Advocates.
For the Respondent: Sri. Tom Jose Padinjarekkara, Addl. D.G.P.

ORDER :

SUNIL THOMAS, J.

1. The petitioner is the 18th accused in Crime No.236/1994 of Kuttiadi Police Station for offences punishable under Sections 143, 147, 148, 341, 326, 307, 302 read with Section 149 IPC and Section 3 and 5 of Explosive Substance Act.

2. The case was registered in the year 1994, originally against 15 persons. It is stated that, the petitioner was included in the array of accused by a subsequent report. According to the petitioner, he left India in 1996 in search of a job. In the meanwhile final report was filed and he was not aware of the pendency of the present proceedings. After committal proceedings all accused except the petitioner herein faced the trial. It is stated that all the 26 accused were convicted by the Sessions Court and subsequently in the appeal, the conviction of accused Nos.2 onwards was set aside by this Court. It appears that the 1st accused died and his appeal got abated. He could not return because his passport was withheld by the employer and has now recently returned. According to him, he returned on an emergency certificate. He apprehends arrest in case he appears before the learned Magistrate and he seeks anticipatory bail.

3. The couns




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