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2026 Supreme(Online)(Ker) 13240

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


Advocates:
For the Appellants/Petitioners: SHRI.AHAMMED MIZWAR V.P., SHRI.NAJAH EBRAHIM V.P.
For the Respondents: SMT.SEETHA S, SR.PP

ORDER

Dated this the 23rd day of February, 2026 The petitioner is the 5th accused in C.C.No.571/2016 on the Court of the Judicial First Class Magistrate, Koyilandi,( ‘Trial Court’, in short), which has originated from Crime No.376/2016 registered by the Elathur Police Station, Kozhikode, alleging the commission of the offences punishable under Sections 143 , 147, 148, 341, 323, 324 and 506(i) read with Section 149 of the Indian Penal Code .

2. The petitioner has filed this Criminal Miscellaneous Case on the assertion that, though the Trial Court had convicted the accused persons who faced the trial by Annexure-3 judgment, the Additional Sessions Judge-II, Kozhikode (‘Appellate Court’, in short), by Annexure-4 judgment have acquitted the said accused persons. Therefore, the petitioner is entitled to the benefit of the said findings, and the proceedings against him may be quashed.

3. When the Crl.M.C came up for consideration on 17.02.2026, this Court had called for a report from the Trial Court to ascertain whether the petitioner has got himself enlarged on bail till date. 4. Pursuant to the above order, the Trial Court, by communication dated 19.02.2026, has informed this Court tha

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