(D.Y. Chandrachud, Indu Malhotra and Indira Banerjee, JJ.)
Gazal and Another ________________________________ Petitioner(s);
v.
State of Kerala and Another ______________________ Respondent(s).
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5693/2020, decided on December 3, 2020
(With IA No. 117629/2020 – Exemption From Filing C/C of the Impugned Judgment, IA No. 120402/2020 – Exemption From Filing O.T., IA No. 117630/2020 – Exemption From Filing O.T., IA No. 120425/2020 – Permission to File Additional Documents/Facts/Annexures, IA No. 120401/2020 – Permission to File Additional Documents/Facts/Annexures)
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5693/2020; BA No. 6981/2020; IA No. 117629/2020; IA No. 120402/2020; IA No. 117630/2020; IA No. 120425/2020; and IA No. 120401/2020
The Order of the court was delivered by
Order
1. We heard Ms. Meenakshi Arora, learned Senior Counsel on 27 November 2020 and we have heard Mr. Haris Beeran, learned counsel appearing on behalf of the petitioners, today.
2. Insofar as the first petitioner is concerned, while we are not inclined to entertain the Special Leave Petition under Article 136 of the Constitution, we grant four weeks’ time for surrendering and applying for regular bail before the competent court. The application for bail shall be considered expeditiously, preferably on the same day.
3. Mr. Haris Beeran states that the first petitioner will surrender before the Magistrate on 16 December 2020.
4. Since the complainant is present before this Court through Mr. V Chitambaresh, learned Senior Counsel appearing with Mr. Harshad V Hameed, learned Counsel, it has been agreed that no further notice need be given of the application for bail which shall be considered on 16 December 2020, to the second respondent.
5. The Special Leave Petition is disposed of in the above terms qua the first petitioner.
6. As regards the second petitioner, issue notice, returnable on 17 December 2020.
7. Liberty to serve the Standing Counsel for the State of Kerala, in addition.
8. Mr. V Chitambaresh, learned Senior Counsel appearing with Mr. Harshad V Hameed, learned counsel, appears on behalf of the second respondent on caveat.
9. Till the next date of listing, there shall be a stay of the arrest of the second petitioner in connection with FIR No 908 of 2020 dated 27 August 2020 registered at Police Station North Paravur, District Ernakulam Rural, Kerala.
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