IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
CRL.MC NO. 3694 OF 2016
AGAINST THE ORDER/JUDGMENT IN MC 24/2014 OF JFCM, KALAMASSERY
(TEMPORARY)
PETITIONERS/RESPONDENTS NO: 1 TO 3
1 JITHIN SURENDRAN, AGED 36 YEARS
S/O. SURENDRAN, KOTTEPPARAMBIL HOUSE,
PAMBADI P.O, KOTTAYAM DISTRICT 686 502.
2 SURENDRAN K.D.,
S/O. DIVAKARAN, AGED 55 YEARS, KOTTEPPARAMBIL
HOUSE, PAMBADI P.O., KOTTAYAM DISTRICT 686 502.
3 OMANA, W/O. SURENDRAN, GED 53 YEARS,
KOTTEPPARAMBIL HOUSE, PAMPADI P.O,
KOTTAYAM DISTRICT 686 502.
BY ADV SRI.T.A.SREE KUMAR
RESPONDENTS/STATE OF KERALA AND PETITIONER:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM - 31.
2 DIYA, AGED 36 YEARS,
PALAKKAL (HOUSE), COCHIN UNIVERSITY P.O.,
SOUTH KALAMASSERY.
SRI.NOUSHAD K.A., SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3694 OF 2016
2
BECHU KURIAN THOMAS, J
...........................................
Crl.M.C.No.3694 of 2016
.....................................
Dated this the 3 rd day of June, 2022
ORDER
This petition is filed seeking for a direction to consider the bail application to be filed by the petitioners and to enlarge them on bail on the date of their surrender itself and also not to arrest the petitioners till the execution of the bail bond in Crl.M.P.No.529/2015 in M.C.No.24/2014 pending before the Judicial First Class Magistrate Court, Kalamassery.
2. Though the case was called yesterday (ie., 02.06.2022), there was no representation and hence the same was posted for consideration to today (ie., 03.06.2022) as a last chance. Even today there is no representation.
3. Sri.Noushad K.A., the learned Public Prosecutor submitted that the relief claimed by the petitioners itself is not maintainable and that the Crl.M.C. having been filed in the year 2015, it would have obviously become infructuous, CRL.MC NO. 3694 OF 2016 3 considering the nature of relief claimed.
4. On an appreciation of the averments in this petition, I notice that the petitioners are the respondents in M.C.No.24/2014 filed by the 2nd respondent under Section 15 of the Protection of Women's from the Domestic Violence Act, 2005. Pursuant to an ex parte order issued by the learned Magistrate, petitioners failed to abide by the directions and, hence, non-bailable warrants were issued. Petitioners apprehend arrest in execution of the non-bailable warrants and hence this application.
5. Considering the circumstances pointed out as above, I do not find any merit in enlarging the petitioners on bail in the instant case. On a perusal of the proceedings in this Crl.M.C., I notice that an interim order was granted initially on 08.07.2016, which was vacated due to default on the part of the petitioners to deposit the amount directed by this Court. It is evident that the petitioners have been defaulting the payment directed by the court below and in such circumstances the issuance of non- bailable warrant was justified. In that scenario, I find no CRL.MC NO. 3694 OF 2016 4 reason to interfere with this case and, hence, this Crl.M.C. shall stand dismissed.
Sd/-
BECHU KURIAN THOMAS JUDGE AMV/03/06//2022