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2023 Supreme(Online)(KER) 31494

HIGH COURT OF KERALA
BASANT BALAJI, J
VINODKUMAR VIJAYAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
NIHARIKA HEMA RAJ, ADITYA DEV

ORDER

The petitioner is the first accused in Crime No.733 of 2011 of Poojappura Police Station, alleging offences under Sections 323 , 324 and 294(b) read with Section 34 of the Indian Penal Code which was pending before the Additional Chief Judicial Magistrate Court, Thiruvananthapuram, as C.C.No.683 of 2011. As per Annexure 1 judgment of the Additional CJM, Thiruvananthapuram dated 18.11.2019, the trial was conducted in respect of accused Nos.2 to 4 and were acquitted under Section 248 (1) Cr.P.C. The main reason for acquittal was that the prosecution was failed to prove the guilt of the accused and the presence of CW1 to CW7 could not be procured in spite of repeated coercive steps. The petitioner is now employed in UAE at Emirates Islamic Bank and is residing there with his wife and minor child, who is a student of Class XI. The passport of the petitioner is due to expire on 01.05.2023 and he has made an application for renewal of the passport. The application has been processed and forwarded for police verification. He holds a resident visa and his daughter also holds a visa too. The petitioner submits that he is ready and willing to appear before the Additional Chief Judicial

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