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2026 Supreme(Online)(Ker) 12645

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
SAJU @ KUNJUMON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.MOHAMMED MUSHTHAQ S.
For the Respondents: SMT.RAHMATH A.M., SR.PP.SRI.C.S.HRITHWIK

O R D E R

Dated this the 19th day of February, 2026 The petitioner is the 6th accused in Crime No.66/1996 registered by the Vattappara Police Station, Thiruvananthapuram, alleging the commission of an offence punishable under Section 395 of the Indian Penal Code . The case against the petitioner was split up and the trial as against the accused 1, 2, 3 and 5 was conducted by the Assistant Sessions Court, Nedumangad (‘Trial Court’, in short) as S.C.No.167/1998. Subsequently, the petitioner got himself enlarged on bail and the case against him is numbered as S.C.No.1215/2012.

2. The crux of the prosecution allegation is that;

On 09.05.1996, the accused 1 to 6, in furtherance of their common intention, to commit dacoity, the accused 1 to 3 caught hold of CW1 and forcefully committed theft of his gold chain, inflicted cut injuries with a sword on his hand and the 4th accused committed dacoity. The 6th accused (petitioner) was the driver of the car. Thus, the accused have committed the above offences.

3. The petitioner has stated in the Criminal Miscellaneous Case that, although he has got himself enlarged on bail at the crime stage, subsequently, he did not receive any summons from the

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