Ajith Kumar v. Union Territory Of Lakshadweep

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA MONDAY, THE 7TH DAY OF DECEMBER 2015/16TH AGRAHAYANA, 1937 Crl.MC.No. 7570 of 2015 () --------------------------- C.C.NO.19/2014 OF THE CHIEF JUDICIAL MAGISTRATE'S COURT, AMINI ISLAND PETITIONER/ACCUSED:

------------------- AJITH KUMAR T.A., AGED 44 YEARS, S/O.ASOKAN, THEKKUMTHALA PARAMBU (HOUSE), PACHALAM, COCHIN 682 018.

BY ADVS.SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SMT.A.A.SHIBI RESPONDENT/COMPLAINANT:

----------------------- UNION TERRITORY OF LAKSHADWEEP, REPRESENTED BY THE PUBLIC PROSECUTOR FOR LAKSHADWEEP, HIGH COURT OF KERALA, ERNAKULAM.

R1 BY ADV. SRI.S.RADHAKRISHNAN,SC,LAKSHADWEEP ADMINISTRATION THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

DSV/8/12/15

Crl.MC.No. 7570 of 2015 () --------------------------- APPENDIX PETITIONER'S ANNEXURES :

----------------------- ANNX.A1 - COPY OF THE PERMIT DATED 28.3.2014 ISSUED BY THE ASSISTANT GENERAL MANAGER (SPORTS).

ANNX.A2 - COPY OF THE SUMMONS ISSUED TO THE PETITIONER UNDER SECTION 61 OF THE CRIMINAL PROCEDURE CODE.

RESPONDENT'S ANNEXURES:

----------------------- NIL // True Copy // P.A. To Judge DSV/8/12/15

B.KEMAL PASHA, J.

====================== Crl.M.C. No.7570 of 2015 ======================= Dated this the 7th day of December, 2015

O R D E R

The petitioner is the accused in C.C.No.19 of 2014 of the Chief Judicial Magistrate's Court, Amini Island for the offences under Section 3(a) of the Lakshadweep Prohibition Regulation and Section 3 read with Rule 14 of the Restriction on Entry and Residence Rule.

2. According to the learned counsel for the petitioner, the petitioner wanted to plead guilty in the case before the court below, for which purpose, a Mukthyar was engaged.

Unfortunately, the said Mukthyar was not present before the court below when the case was taken up and consequently, a

Crl.M.C. No.7570 of 2015 non-bailable warrant was issued against the petitioner. Still the petitioner wants to plead guilty in the matter.

3. The petitioner is permitted to go over the court below within a period of one month from today to plead guilty. He can of course, file an application seeking bail as well as an application for the recalling of the warrant. In such case, in case those applications are filed within 30 (thirty) days from today before the court below, the court below shall consider the said applications and dispose of the same on the date of filing itself. The court below shall permit the petitioner to plead guilty. In the meanwhile, no coercive steps shall be taken against the petitioner.

In the result, this Crl.M.C. is disposed of as above. Sd/- B.KEMAL PASHA JUDGE DSV/7/12/15 // True Copy // P.A. To Judge