T.P.Ashraf Babu v. Enforcement Officer
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID WEDNESDAY, THE 21ST DAY OF JANUARY 2015/1ST MAGHA, 1936 Crl.MC.No. 400 of 2015 () -------------------------- IN CC 886/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT.-V, KOZHIKODE PETITIONER(S)/ACCUSED:
------------------------------------------ T.P.ASHRAF BABU AGED 55 YEARS T.P.ASHRAF BABU, PARTNER, M/S.KERALA TILERY FEROKE, KOZHIKODE, RESIDING AT SARANGA MANZIL CHERUVANNOOR P.O., KOZHIKODE.
BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S)/COMPLAINANT/STATE:
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1. ENFORCEMENT OFFICER EMPLOYMENT PROVIDENT FUND ORGANISATION BHAVISHYA NIDHI BHAVAN, ERANHIPPALAM, KOZHIKODE-6.
2. STATE OF KERALA REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM.
R BY PUBLIC PROSECUTOR SMT. S. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21-01-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 400 of 2015 () -------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-I: TRUE COPY OF THE COMPLAINT FILED BY THE 1ST RESPONDENT BEFORE THE JUDICIAL IST CLASS MAGISTRATE COURT KOZHIKODE. ANNEXURE-II: TRUE COPY OF THE JUDGMENT IN CC 116/2011 OF JUDICIAL 1ST CLASS MAGISTRATE COURT V, KOZHIKODE.
ANNEXURE-III: COPY OF THE MEDICAL CERTIFICATES ISSUED BY MIMS HOSPITAL, KOZHIKODE.
RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- /TRUE COPY/ PA TO JUDGE sab
P.UBAID, J.
----------------------------- Crl. M.C No.400 of 2015 --------------------------------------- Dated this the 21st day of January, 2015.
O R D E R
The petitioner herein is the accused No.3 in C.C 116/2011 before the Judicial First Class Magistrate Court - V, Kozhikode. The accused Nos. 1 and 2 appeared on summons and pleaded guilty. Accordingly, they were convicted and sentenced to pay a fine of Rs. 500/- each by the learned Magistrate. Warrant of arrest happened to be issued against the petitioner, when he remained absent in court. The case against him now stands split up and refiled as C.C No.886/2011. Now he is ready to surrender before the learned Magistrate and plead guilty. But he apprehends that the trial court will insist on personal appearance. Of course, personal appearance need not be insisted, if the accused is ready to plead guilty to the allegations. Considering the nature of the allegations, and also the fact that the others stand convicted on plead of guilty, the petitioner herein can be permitted to make appearance through counsel, and if plead of guilty is made it can be accepted by the learned Magistrate. Accordingly, the request to recall the warrant
Crl. M.C No.400 of 2015 of arrest also can be positively considered by the learned Magistrate.
With these observations, this Crl.M.C is closed. P.UBAID, JUDGE sab