Kerala High Court
Joshy Mathew vs State Of Kerala on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3703 OF 2024
CRIME NO.194/2015 OF KADAVANTHRA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.28 OF 2022 OF
JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620. NOW
RESIDING AT HOUSE NO-19/95, MARADU MUNICIPALITY,
MARADU VILLAGE, MARADU.P.O,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.
SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2024, ALONG WITH Crl.MC.3701/2024, 3702/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3701 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1387 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.
SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3702 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1389 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA P.O.,
ERNAKULAM, PIN - 682020
BY ADV.
SMT. SEETHA. S. SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3706 OF 2024
CRIME NO.192/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.794 OF 2021
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT. SEETHA. S,SENIOR PUBLIC
PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3709 OF 2024
CRIME NO.193/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1386 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW,PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV. S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3715 OF 2024
CRIME NO.189/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1609 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3718 OF 2024
CRIME NO.248/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.101 OF 2022
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S):
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV. S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT.SEETHA S.,SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3725 OF 2024
CRIME NO.197/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1388 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
9
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. Nos.3703, 3715, 3725, 3702, 3718, 3709,
3701 & 3706 of 2024
----------------------------------------------
Dated this the 23rd day of April, 2024
ORDER
Theses Criminal Miscellaneous Cases are filed under Section 482 of the Code of Criminal Procedure, 1973 ("the Code" for the sake of brevity).
2. Petitioner, in these Criminal Miscellaneous Cases, is the same. He is an accused in L.P.Nos.28/2022 & 101/2022 and C.C.Nos.1609/2020, 1388/2020, 1389/2020, 1386/2020, 1387/2020 & 794/2021 on the file of the Judicial First Class Magistrate Court - VIII, Ernakulam. The above cases are registered against the petitioner inter alia under Section 420 IPC. It is submitted that the petitioner Crl.M.C. Nos.3703 of 2024 & connected cases 10 was on bail and subsequent to the lock-down, the petitioner lost the contact of the counsel and hence warrant was issued in all these cases. Some of the cases were included in the Long Pending Register.
3. The petitioner submits that, he is ready to surrender before the jurisdictional court. But the apprehension of the petitioner is that, if he surrender before the jurisdictional court, the jurisdictional court may remand him without considering his bail application.
4. The Public Prosecutor submitted that no such apprehension is necessary and this court may not pass any direction to the lower court to release the petitioner on bail and that is a matter to be decided by the trial court.
5. This court in Vineeth Somarajan @ Ambadi v. State of Kerala and another (2009 (3) KHC
471) relied on the dictum laid down by another learned Single Judge in Biju S. Praveen v. State of Crl.M.C. Nos.3703 of 2024 & connected cases 11 Kerala and Another (2007 (2) KLT 280) considered this point. It will be better to extract the relevant portion of Vineeth Somarajan's case (supra).
"14. The apprehension of the petitioner is that if he appears before the Trial Court, he would be remanded to judicial custody. In Biju v. State of Kerala, 2007 KHC 3436 : 2007 (2) KLT 280 : 2007 (1) KLJ 713 : ILR 2007 (2) Ker. 26 : 2007 (1) KLD 486, Justice A. K. Basheer, after noticing the practice that is being followed by some learned Magistrates (vide paragraph 16) held at paragraph 18 thus:
'18. As mentioned earlier, Criminal Courts should always be careful while passing orders on bail applications which in effect deal with personal liberty. In cases where the Court decides to send an accused to custody pending trial, it must be ensured that the Court applies its mind judicially and judiciously with particular reference to the facts and circumstances of the case. The mere fact that the accused had failed to respond to a summons or that the Court had to issue non bailable warrant to compel his presence will not ipso facto empower the Criminal Court to remand the accused to custody as a punitive measure when he appears before the Court on his own volition or is Crl.M.C. Nos.3703 of 2024 & connected cases 12 produced in execution of the warrant. The bail application that may be moved on his behalf has to be considered and orders should be passed on the same day itself since personal liberty of an accused cannot be curtailed in a whimsical or disdainful manner.' I am in respectful agreement with the dictum laid down in Biju v. State of Kerala."
6. In the light of the above dictum laid down by this court, I think the apprehension of the petitioner that the jurisdictional court will remand the accused without application of mind is unnecessary. Therefore, these Criminal Miscellaneous Cases are disposed of with the following directions:
1) The petitioner shall surrender before the jurisdictional court within three weeks from today. If an application for bail with advance copy to the prosecutor concerned is filed at the time of surrender by the petitioner, the jurisdictional court shall consider the same and pass appropriate orders in accordance with law, ideally on the date of surrender itself.
Crl.M.C. Nos.3703 of 2024 & connected cases 13
2) In order to enable the petitioner to appear before the court below, coercive proceedings pending against the petitioner shall be kept in abeyance for a period of three weeks.
Sd/-
P.V.KUNHIKRISHNAN JUDGE DM Crl.M.C. Nos.3703 of 2024 & connected cases 14 APPENDIX OF CRL.MC 3701/2024 PETITIONER ANNEXURES ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS IN CC NO-1387/2020 OF HONBLE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM Crl.M.C. Nos.3703 of 2024 & connected cases 15 APPENDIX OF CRL.MC 3702/2024 PETITIONER ANNEXURES ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS IN CC NO-1389/2020 OF HONBLE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM Crl.M.C. Nos.3703 of 2024 & connected cases 16 APPENDIX OF CRL.MC 3706/2024 PETITIONER ANNEXURES ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS IN CC NO-794/2021 OF HONBLE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM Crl.M.C. Nos.3703 of 2024 & connected cases 17 APPENDIX OF CRL.MC 3709/2024 PETITIONER ANNEXURES ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS IN CC NO-1386/2020 OF HONBLE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM Crl.M.C. Nos.3703 of 2024 & connected cases 18 APPENDIX OF CRL.MC 3715/2024 PETITIONER ANNEXURES ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS IN CC NO-1609/2020 OF HONBLE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM Crl.M.C. Nos.3703 of 2024 & connected cases 19 APPENDIX OF CRL.MC 3718/2024 PETITIONER ANNEXURES ANNEXURE AI TRUE COPY OF THE CASE STATUS IN CC NO-2598/2016 HON'BLE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM OBTAINED FROM THE E-COURTS WEBSITE DATED 31.12.2022 Crl.M.C. Nos.3703 of 2024 & connected cases 20 APPENDIX OF CRL.MC 3725/2024 PETITIONER ANNEXURES ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS IN CC NO-1388/2020 OF HONBLE JUDICIAL FIRST CLASS MAGISTRATE COURT-VIII, ERNAKULAM RESPONDENTS EXHIBITS: NIL //TRUE COPY// PA TO JUDGE