← Library
High Court of KeralaCrl.MC/4507/2015disposed of

Sajeev v. Sunil

2015-07-17Honourable Mr. Justice Alexander Thomas6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 17TH DAY OF JULY 2015/26TH ASHADHA, 1937 Crl.MC.No. 4507 of 2015 --------------------------------- S.T.NO.88/2013 (L.P. 4/2014) OF CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA .........

PETITIONER(S)/ACCUSED:

-------------------------------------- SAJEEV, AGED 37 YEARS, S/O. GOPALAN, CHERAPURATHU HOUSE, KOOVAKANDOM P.O., POOMALA KARA, VELLIYAMATTOM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT.

BY ADVS.SRI.A.C.DEVASIA SRI.A.M.THOMAS (AYKAN) RESPONDENT(S)/COMPLAINANT:

------------------------------------------------

1. SUNIL, AGED 35 YEARS, S/O. RAGHAVAN, KOCHEDATH HOUSE, POOMALA KARA, VELLIYAMATTOM VILLAGE, THODUPUZHA TALUK, IDUKKI DISTRICT - 689 908.

2. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KRALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.N.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 4507 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

A1 - CERTIFIED COPY OF THE COMPLAINT IN ST. 88/13 BFORE C.J.M COURT, THODUPUZHA.

A2 - FAX COPY OF THE NOTICE ISSUED BY THE RESPONDENT TO THE PETITIONER. A3 - TRUE COPY OF THE CHEQUE ISSUED BY THE PETITIONER BEARING NO. 475142 OF SBT, THODUPUZHA TO THE RESPONDENTS. A4 - TRUE COPY OF THE PROCEEDINGS IN S.T NO. 88/13 IN THE CHIEF JUDICIAL MAGISTRATE COURT, THODUPUZHA.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

ALEXANDER THOMAS, J.

================== Crl.M.C No.4507 of 2015 ================== Dated this the 17th day of July, 2015

O R D E R

Sri. A.M Thomas Aykan, learned counsel for the petitioner submits that the petitioner is not pressing the main prayer in this Crl.M.C for quashment of the impugned criminal proceedings in S.T No.88/2013 on the file of the Chief Judicial Magistrate Court, Thodupuzha, with liberty to seek such prayer by moving an appropriate petition at a later stage after appearing before the learned Magistrate and securing bail. In view of the submission made by the petitioner, the aforestated main prayer in this Crl.M.C is closed with the said liberty to the petitioner. 2.

The learned counsel for the petitioner further submits that this Court may issue appropriate directions to the Chief Judicial Magistrate Court, Thodupuzha to ensure that the petitioner's bail application may be considered on the same day on which he appears by taking into account the facts and circumstances of this case. It is pointed out that the petitioner was abroad even prior to

Crl.M.C No.4507 of 2015 - : 2 :- the institution of the impugned complaint as per S.T No.88/2013 on the file of the Chief Judicial Magistrate Court, Thodupuzha and that he is coming back to India for the first time thereafter and it was only in these circumstances that the petitioner was treated as an absconding accused which led to the issuance of the pending non bailable warrant and then the case is included in the list of long pending cases as L.P No.4/14 on the file of the court below. The petitioner's counsel submits that the petitioner will produce attested photocopies of all the entries in the passport along with the original passport before the learned Magistrate, to convince him about these facts.

It is further pointed out that the petitioner will reach India by the last week of July 2015 and that he will appear before the learned Chief Judicial Magistrate's court, Thodupuzha and will seek for bail on or before 7.8.2015. The aforestated submissions made by the petitioner's counsel are recorded.

Crl.M.C No.4507 of 2015 - : 3 :- time thereafter only now, it is ordered as follows. 4.

The petitioner will appear before the Chief Judicial Magistrate's Court, Thodupuzha without any further delay at any rate on or before 7.8.2015 and submit necessary application for recall of warrant and application for grant of bail, along with attested photocopies of his passport to establish the aforestated facts. In such a situation the learned Magistrate shall consider those applications on the same day and in case it is established through the entries in the passport that the petitioner was abroad at the time of the institution of the complaint till now, then the learned Magistrate shall grant him bail after imposing such conditions as may be found necessary just and fair by the learned Magistrate. Consequent orders on the application for recall of warrant will also be passed accordingly.

It is further ordered in the interest of justice that until orders are passed by the learned Magistrate as directed above, all further coercive proceedings in pursuance of the execution of the impugned warrant pending against the petitioner will be kept in abeyance.

Crl.M.C No.4507 of 2015 - : 4 :- herein above shall automatically stand vacated. 5.

It is further made clear that thereafter the petitioner will be at liberty to seek his appropriate remedies including the petition under Section 482 of Cr.P.C for quashment of the impugned criminal proceedings.

With these observations and directions, this Crl.M.C stands finally disposed of.

sd/- sab ALEXANDER THOMAS, JUDGE