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Judgments of Supreme Court of India and High Courts

Midhun vs State Of Kerala on 20 March, 2019

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

WEDNESDAY,THE 20TH DAY OF MARCH 2019 / 29TH PHALGUNA, 1940

CRL.MC.NO. 2135 OF 2019

AGAINST THE ORDER/JUDGMENT IN CC 1396/2016 OF JUDICIAL
MAGISTRATE OF FIRST CLASS – IX, ERNAKULAM (TEMPORARY)

CRIME NO. 1920/2011 OF PALARIVATTOM POLICE STATION , ERNAKULAM

PETITIONERS:

1 MIDHUN, AGED 37 YEARS,
S/O.LATE ARAVINDAKSHAN, SREEKRISHNA HOUSE,
SABARMATHY ROAD, PALARIVATTOM P.O., KOCHI-25.

2 JAYAKUMARI, AGED 64 YEARS,
W/O.LATE ARAVINDAKSHAN, SREEKRISHNA HOUSE,
SABARMATHY ROAD, PALARIVATTOM P.O., KOCHI-25.

BY ADV. SRI.RAJIT

RESPONDENT:

STATE OF KERALA,
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.

SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
20.03.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
————————————
Crl.M.C. No. 2135 of 2019
————————————
Dated this the 20th day of March, 2019

ORDER

The prayers in the above Criminal Miscellaneous Case are
as follows:

A) Direct the learned Judicial First Class Magistrate Court,
Ernakulam to recall the non bailable warrant issued against
the petitioners in C.C.No.1396/2016 of the learned Judicial
First Class Magistrate Court No.IX, Ernakulam, pending
before the said Court.

B) Direct the learned Judicial First Class Magistrate Court,
Ernakulam to release the petitioner on bail in the event of
their surrender in C.C.No.1396/2016 of the learned Judicial
First Class Magistrate Court No.IX, Ernakulam arising from
Crime No.1920/2011 of the Palarivattom Police Station,
pending before the said Court.

C) Grant such other relief deemed fit to this Hon’ble Court. “

2. Heard Sri.Rajit, learned counsel appearing for the

petitioner and Sri.Saigi Jacob Palatty, learned Prosecutor

appearing for the respondent State.

3. The petitioners herein are the two accused in the

Crime No.1920/2011 of Palarivattom Police Station, Ernakulam

district, registered for offences punishable under Secs.498A and

34 of the IPC. The police after investigation has filed Annx.A

final report which has initially led to the institution of

C.C.No.2397/2012 on the file of JFCM-I, Ernakulam. Later the

said calender case was transferred to the JFCM-IX, Ernakulam
Crl.M.C. No. 2135 / 2019

..3..

wherein it was renumbered as C.C.No.1396/2016.

4. Initially the accused persons and the lady defacto

complainant had entered into settlement as referred to in Annx.B

which did not later materialise. It is thereafter the case was

transferred to JFCM-IX, Ernakulam and the petitioners would

point out that they never received any summons from JFCM-IX,

Ernakulam, and so the petitioners would say that they are totally

unaware about the pendency of the case before the new Court and

they were all along under the impression that the case is pending

before the JFCM-I, Ernakulam. This has led to the issuance of non

bailable warrant against the accused.

5. Taking note of the abovesaid facts and circumstances of

this case, it is ordered in the interest of justice that the petitioners

will immediately surrender before the JFCM-IX, Ernakulam and

may make necessary applications for grant of bail and applications

for recalling non bailable warrant and copies of the said

applications should be given in advance to the learned Prosecutor

who is in charge of the said case. On receipt of said applications

the learned Magistrate will consider the applications on the same

day and will pass orders on the said applications on the same day

itself, taking note of the dictum laid down by this Court in the
Crl.M.C. No. 2135 / 2019

..4..

judgments as in Biju S.Praveen v. State of Kerala [2007 (2)

KLT 280] and that of Apex Court in the cases as in Preeti

Gupta v. State of Jharkhand [(2010) 7 SCC 667] etc.

6. Until orders are passed by the learned Magistrate as

directed herein above, all further coercive steps for execution of the

impugned non bailable warrant shall be kept in abeyance. However

it is ordered that in case the petitioners do not surrender before the

learned Magistrate and make necessary application as aforestated

within a period of 2 weeks from the date notified for receiving

certified copy of this judgment, the benefit of the abovesaid

directions to keep in abeyance the further coercive steps will stand

automatically vacated without any orders of this Court.

With these observations and directions, the above Criminal

Miscellaneous Case stands finally disposed of.

Sd/-

ALEXANDER THOMAS,
JUDGE

MMG
Crl.M.C. No. 2135 / 2019

..5..

APPENDIX
PETITIONERS’ EXHIBITS:

ANNEXURE A TRUE COPY OF THE FINAL REPORT FILED BY
THE PALARIVATTOM POLICE.

ANNEXURE B TRUE COPY OF THE MEDIATION AGREEMENT.

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