IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN THURSDAY, THE 20^TH DAY OF JUNE 2024 / 30TH JYAISHTA, 1946 CRL.MC NO. 4080 OF 2024 CRIME NO.2574/2017 OF PEROORKADA POLICE STATION, THIRUVANANTHAPURAM SC NO.793 OF 2020 OF ADDITIONAL SESSIONS COURT - VI, THIRUVANANTHAPURAM PETITIONER/PETITIONER/ACCUSED:

AKSHAY ASHOK AGED 27 YEARS S/O.ASHOKAN, RESIDING AT DWARAKA, MRA-B-11, MANNADI LANE, AMBALAMUKKU, CHETTIVILAKOM WARD, KUDAPPANAKUNNU VILLAGE, THIRUVANANTHAPURAM DISTRICT, PIN - 695043 BY ADVS.

J.R.PREM NAVAZ PREETHA RANI M.S.

SUMEEN S.

MUHAMMED SWADIQ RESPONDENT/RESPONDENT/COUNTER PETITIONER:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 BY SR.PUBLIC PROSECUTOR SRI.RENJIT GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

20.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 20^th day of June, 2024 This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, with the following prayers:

(i) To call for the records leading to Annexure A4 order and set aside the same.

(ii) To call for the records leading to Annexure A3 Order and lift the condition imposed in Annexure A3 Order imposing the condition of surrounding the passport.

2. In this mater, the accused alleged to have committed offences punishable under Sections 323, 302 and 201 of the IPC and the victim is none other than the mother of the accused. Later, the accused was granted bail. Initially, final report filed, alleging commission of the above offences by the accused and the matter has been pending as S.C.No.793/2020 on the files of Additional Sessions Court-VI, Thiruvananthapuram. Now, the matter is on further investigation. As per Annexure A3 order, the petitioner was allowed to travel abroad, but directed to surrender his passport.

3. The learned Public Prosecutor would submit that, as part of further investigation, the alleged suicide note sent to Forensic Science Laboratory for examination.

4. According to the learned counsel for the petitioner, Annexure A2 Report of the handwriting expert, it was opined that the suicide note was written by the mother, which would postulate the fact that the case is a clear case of suicide and not homicide.

5. Anyhow, so far, report regarding the further investigation not filed. Therefore, there shall be a direction to the Investigating Officer to expedite the report, without much delay.

Having noticed the facts of this case, the prayer, which was disallowed as per Annexure A4, requires re-consideration at the hands of the trial court and therefore, the said order is set aside, with direction to the trial court to consider the plea afresh, taking note of the facts of this case and pass appropriate orders, at any rate, within a period of two weeks from the date of receipt of copy of this order.

With the above direction, this petition stands disposed of.

Sd/-

A. BADHARUDEEN JUDGE Bb APPENDIX OF CRL.MC 4080/2024 PETITIONER’S ANNEXURES ANNEXURE A1 THE TRUE COPY OF THE ORDER DATED

04.07.2022 IN OP (CRL) 247 OF 2021 ANNEXURE A2 THE TRUE COPY OF THE REPORT OF THE EXAMINATION REPORT DATED 22.11.2023 OF THE STATE FORENSIC SCIENCE LABORATORY ANNEXURE A3 THE TRUE COPY OF THE ORDER DATED

18.04.2024 PASSED BY THE LEARNED SESSIONS JUDGE THIRUVANANTHAPURAM IN CRL.MP NO: 2557 OF 2024 ANNEXURE A4 THE TRUE COPY OF THE ORDER DATED

03.05.2024 IN CRL.MP.NO: 2912 OF 2024 PASSED BY THE COURT OF SESSIONS JUDGE THIRUVANANTHAPURAM RESPONDENT’S ANNEXURES : NIL