Shiba vs State Of Kerala Represented on 14 September, 2010

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2333 of 2010()


1. SHIBA, PALAVALLATHIL,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED
                       ...       Respondent

                For Petitioner  :SRI.V.S.AFSAL KHAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :14/09/2010

 O R D E R
            M.SASIDHARAN NAMBIAR,J.
          ===========================
          CRL.M.C.No. 2333   OF 2010
          ===========================

   Dated this the 14th day of September,2010

                     ORDER

Petitioner is challenging Annexure-A1 order

passed by the Additional Sessions Judge, Kollam

dismissing Crl.M.P.109/2009 in S.C.129/1996

whereunder the petition filed for releasing the

material object was rejected by the learned

Additional Sessions Judge on the ground that

the material objects are directed to be

preserved for the purpose of absconding the

accused.

2. Learned counsel appearing for the

petitioner and the learned Public Prosecutor

were heard.

3. Annexure A1 order passed by Additional

Sessions Judge, Kollam establish that learned

Sessions Judge did not consider the law laid

down by the Apex Court in Sunderbhai Ambalal

Crl.M.C.2333/2010 2

Desai v. State of Gujarat (AIR 2003 SC 638).

Annexure A1 order is therefore quashed.

Crl.M.P.109/2009 is remitted to Additional Sessions

Court, Kollam for fresh disposal after hearing the

petitioner in the light of the decision of the

Apex Court in Sunderbhai Ambalal Desai’s case.

M.SASIDHARAN NAMBIAR
JUDGE
tpl/-

M.SASIDHARAN NAMBIAR, J.

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W.P.(C).NO. /06

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JUDGMENT

SEPTEMBER,2006