Rejendran R. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 9TH DAY OF JUNE 2015/19TH JYAISHTA, 1937 Crl.MC.No. 2966 of 2015 ---------------------------------- LP 34/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, HARIPAD CRL.A 340/2005 OF ADDITIONAL SESSIONS COURT, FAST TRACK (ADHOC), MAVELIKKARA ---------------------- PETITIONER(S)/ACCUSED:

------------------------------------- REJENDRAN R., AGED 56 YEARS S/O.RAGHAVAN, KALEEKASSERIL VEEDU, MUTHUKULAM VADAKKUMURI, MUTHUKULAM VILLAGE, KARTHIKAPALLY TALUK, ALAPPUZHA DISTRICT.

BY ADVS.SRI.M.V.THAMBAN SRI.R.REJI SMT.THARA THAMBAN SRI.B.BIPIN SRI.ARUN BOSE RESPONDENT(S)/COMPLAINANT:

----------------------------------------------- STATE OF KERALA, REPRESENTED B THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, REPRESENTING THE SUB INSPECTOR OF POLICE, THRIKKUNNAPUZHA POLICE STATION, ALAPPUZHA DISTRICT PIN 690 515.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PJ

Crl.MC.No. 2966 of 2015 --------------------------------- APPENDIX PETITIONER(S)' ANNEXURES ----------------------------------------- ANNEX A1TRUE COPY OF HTE JUDGMENT DATED 10.7.2006 IN CR;. APPEAL NO.340/2005 BY THE HONOURABLE SESSIONS JUDGE FAST TRACK (AD HOC), MAVELIKARA RESPONDENT(S)' ANNEXURES --------------------------------------------- NIL.

/ TRUE COPY / P.S. TO JUDGE PJ

K. ABRAHAM MATHEW, J.

==================== Crl. M.C. No.2966 of 2015 ............................................... Dated this the 9th day of June, 2015

O R D E R

Petition filed under section 482 Cr.P.C.

2. Petitioner was the accused in C.C. No. 168 of 2005. He was granted bail. On his failure to appear before the court, his case was removed to the register of long pending cases. Arrest warrant is pending against him. The prayer in the petition is to direct the Magistrate to recall the warrant.

3. Heard.

4. What the learned Magistrate has done is strictly in accordance with the provisions in the Cr.P.C. The prayer cannot be allowed. Learned counsel submits that the petitioner had some mental illness which was the reason for his failure to appear before the court below. The petitioner may surrender before the Magistrate, pay the bond amount and submit this fact before him. Learned Magistrate may pass appropriate orders. In the result, this Crl.M.C. is disposed of with the above observation.

Sd/- K. ABRAHAM MATHEW, JUDGE DST //True copy// P.A. To Judge