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2025 Supreme(Online)(Ker) 54705

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.PRATHEEP KUMAR, J
UMMER KHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.M.M.ABDUL RAHIMAN
For the Respondents: SRI.A.VIPIN NARAYAN

O R D E R

(Dated this the 2nd day of December, 2025)

The petitioner is the accused in S.C No.683 of 2024 on the file of Fast Track Special Court, Perumbavoor. The offences alleged against the petitioner are under Sections 3 54 , 376(2)(n), 376(3), 366-A of IPC and Sections 3 (a), 4, 5I, 5m, 6, 7, 8, 9I, 9m, 10 and 21 of POCSO Act.

2. According to the learned counsel for the petitioner, the petitioner is completely bedridden, and he is unable to travel to the Court. Since he has not appeared before the trial court, a non bailable warrant was issued against him. Therefore, he seeks a direction to recall the non bailable warrant issued in the above case.

3. The petition was opposed by the learned Public Prosecutor.

4. The offences alleged against the petitioner are very serious in nature as it includes offences under Section 376 (2)(n) IPC . The grievance of the petitioner is that, since he is aged 88, suffering from age old ailments, he is not in a position to attend the Court. The learned Senior Counsel also submitted that the petitioner is already on bail and now the case stands posted for framing charge. At the time of arguments, the learned counsel prayed for permission to appea

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