IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 8TH DECEMBER 2011 / 17TH AGRAHAYANA 1933 Crl.MC.No. 4124 of 2011() ------------------------- SC.124/1996 of SESSIONS COURT, ERNAKULAM .................... PETITIONER(S)/ACCUSED NO.3 :- ------------------------------------------------ K.K.PONNAPPAN, S/O.KUMARAN, AGED 63, KANIYAMPARAMBIL HOUSE, KUTHIRAPANTHY WARD, ALAPPUZHA – 688 002. BY ADV. SRI.P.MARTIN JOSE SRI.P.PRIJITH RESPONDENT(S)/COMPLAINANT :- --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt CRL.M.C.No. 4124 OF 2011 APPENDIX Petitioner's Exhibits :- Annexure I :- Copy of the Visa endorsed in the passport of the petitioner. Annexure II :- Copy of the certificate issued by Consulate General of India. Respondent's Exhibits :- NIL. //True Copy// P.A. to Judge N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4124 of 2011 ----------------------------------- Dated this the 8th day of December 2011 O R D E R Petitioner was the 3rd accused in S.C.No.124/1996 of Sessions Court, Ernakulam. There were altogether 8 accused in that case. The offences including Secs.365, 395 and 307 IPC were alleged against them. Though the case was committed to the court of Sessions in 1996, thereafter further investigation was ordered twice and the final further report was filed only on 6.2.2006. The learned counsel for the petitioner submits that this petitioner had appeared before the Sessions Court also and he was granted bail. But in view of the fact that case was pending for further investigation, the case was not regularly posted and so, there was no occasion for him to appear before the court. He went to U.S.A on 19.6.2000 to meet his daughter who was staying there. It is further submitted that Crl.M.C. No.4124 of 2011 -: 2 :- because of a severe strock, he underwent treatment for quite long time. By that time his visa expired. After getting the exit certificate, he came back to the native place on 20.11.2011. His passport also stood expired. 2. Learned counsel for the petitioner submits that it was because of those circumstances, he could not appear before the court to face the trial in S.C.No.124/1996. According to the petitioner, he was told that he need to appear in court only on getting further intimation as the case was then pending for further investigation. It is further submitted that some of the accused who faced trial were acquitted . It is seen that two accused were convicted by the trial court after trial. Now, the petitioner cannot go back to the foreign country as his passport expired and there is no visa also. The only request made by the petitioner is that, considering all these aspects, the court below may be directed to grant bail to the accused. The facts mentioned earlier will certainly be gone into by the Crl.M.C. No.4124 of 2011 -: 3 :- learned Sessions Judge. The learned counsel submits that the very fact that he was allowed to stay in U.S.A. after the expiry of the Visa period would make it clear that it was because of serious ailments he was permitted to overstay in U.S.A. In these circumstances, the petitioner will surrender before the learned Sessions Judge, Ernakulam within two weeks from today. The petitioner will apprise of these aspects before the learned Sessions Judge who will dispose of the bail application as expeditiously as possible. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt