Kerala High Court
Renju P. George vs State Of Kerala on 14 July, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:52730
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 6012 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 16.06.2025 IN CC NO.46 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE ,KOTTAYAM
PETITIONER:
RENJU P. GEORGE
AGED 41 YEARS
D/O GEORGE, PULIKUZHIYIL HOUSE, PERUVA P.O., MULAKULAM, VAIKOM,
KOTTAYAM, PIN - 686610
BY ADVS.
SRI.K.T.SAJU
SHRI.SRINATH C.V.
SMT.GAYATHRI RAJAGOPAL
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
BY ADV. M.C. ASHI, PUBIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C. No.6012 OF 2025
2025:KER:52730
2
ORDER
Dated this the 14th day of July, 2025 Petitioner is the 2nd accused in Crime No.1521 of 2015 registered at the Kottayam East Police Station for offences punishable under Sections 403, 406, 468, 472 and 420 read with Section 34 of the Indian Penal Code, now pending as C.C.No.46 of 2018 on the files of the Chief Judicial Magistrate Court, Kottayam. The petitioner participated in the trial of the case up to a stage and thereafter, was compelled to leave the country for taking up employment abroad. This resulted in issuance of non-bailable warrant against the petitioner. At that stage, the petitioner filed Crl.M.C.No.1704 of 2025 before this Court and as per Annexure 2 order, she was permitted to surrender before the trial court and move an application for bail. Accordingly, petitioner surrendered and was granted bail on 16.06.2025 subject to conditions, including the Crl.M.C. No.6012 OF 2025 2025:KER:52730 3 condition of surrendering her passport and not leaving the district. In compliance of the condition, the petitioner surrendered her passport and later, moved Annexure 4 application seeking its release. The trial court having dismissed the application by Annexure 5 order, this Criminal Miscellaneous Case is filed.
2. Learned Counsel for the petitioner submits that, failure to rejoin her duty immediately will render his client jobless. It is submitted that the petitioner will be able to return within one month of rejoining duty and if the trial is proceeded in the meanwhile, the petitioner will participate by availing the video linkage facility. It is pointed out that with respect to the prosecution witnesses examined in the petitioner's absence, an affidavit was filed stating that she does not intend to cross-examine those witnesses.
3. Learned Public Prosecutor submitted that the Calendar Case is of the year 2018 and the petitioner having kept away from the court earlier, the court Crl.M.C. No.6012 OF 2025 2025:KER:52730 4 below was justified in declining the prayer for release of her passport.
4. No doubt, the Calendar Case being of the year 2018 ought to be disposed at the earliest. At the same time, the fact that the employment of the petitioner will be at stake if she is not allowed to rejoin duty, cannot be ignored. The petitioner's offer to participate in the trial by availing the video linkage facility and her previous conduct of filing an affidavit stating that she does not intend to cross-examine the witnesses examined in her absence indicate that she has no intention to protract the trial.
On consideration of the above factors, I find the petitioner to be entitled for lenient consideration. The Criminal Miscellaneous Case is hence disposed of as under;
i. Condition no.4 in Annexure 3 order, restraining the petitioner from leaving the district is deleted. Crl.M.C. No.6012 OF 2025 2025:KER:52730 5 ii. The passport surrendered by the petitioner shall be released to her for a period of two months, by imposing appropriate conditions. iii. If the trial of the case is proceeded with in the meanwhile and the petitioner makes an application through lawyer to participate in the trial by availing the video linkage facility, appropriate orders shall be passed thereon.
Sd/-
V.G.ARUN JUDGE NB/14-7 Crl.M.C. No.6012 OF 2025 2025:KER:52730 6 APPENDIX OF CRL.MC 6012/2025 PETITIONER ANNEXURES ANNEXURE 1 A TRUE COPY OF THE RENEWED CONTRACT OF EMPLOYMENT DATED 28.02.2025 ANNEXURE 2 A TRUE COPY OF THE JUDGMENT IN CRL. MC NO.
1704/2025 OF THIS HON'BLE COURT DATED 29.05.2025 ANNEXURE 3 A TRUE COPY OF THE COMMON ORDER IN CMP NO.
2536/2025 IN CC NO. 46/2018 DATED 16.06.2025 OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM ANNEXURE 4 A TRUE COPY OF THE PETITION FILED IN CMP NO.
2619/2025 IN CC NO. 46/2018 ON THE FILES OF CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM ANNEXURE 5 A TRUE COPY OF THE ORDER IN CMP NO. 2619/2025 IN CC NO. 46/2018 DATED 26.06.2025 OF CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM ANNEXURE A6 A TRUE COPY OF THE PROCEEDINGS IN CC NO. 46/2018, PENDING ON THE FILES OF THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM TRUE COPY P.A. TO JUDGE