Shyju vs State Of Kerala
2021 Latest Caselaw 11790 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

                 THE HONOURABLE MR.JUSTICE V.G.ARUN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                      Crl.MC.No.1833 OF 2021(H)

AGAINST THE ORDER/JUDGMENT IN CC 1444/2016 OF JUDICIAL MAGISTRATE
                   OF FIRST CLASS -V,KOZHIKODE

      CRIME NO.510/2016 OF BEYPORE POLICE STATION, KOZHIKODE


PETITIONER/ACCUSED:

             SHYJU
             AGED 48 YEARS
             S/O.SHANMUGHAN, MAZHAVIL HOUSE, PARATHUPARAMBU,
             NADUVATTAM P.O., NORTH BEYPORE, KOZHIKDOE-673 015.

             BY ADVS.
             SHRI.K.K.JAYARAJ NAMBIAR
             SHRI.SIDHARTH J NAMBIAR

RESPONDENT/STATE, COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM, KOCHI-682 031.

      2      THE SUB INSPECTOR OF POLICE,
             BEYPORE POLICE STAITON, KOZHIKODE CITY, KOZHIKODE-673
             015.


OTHER PRESENT:

             SR.PP.C.S.HRITHWIK

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.M.C.NO.1833 OF 2021
                                        2




                              ORDER

Dated this the 9th day of April 2021

The petitioner is the accused in

C.C.No.1444/2016 pending before the Judicial First

Class Magistrate-V, Kozhikode, which originated from

Crime No.510/2015 of Beypore Police Station,

registered for offences punishable under Sections 323

and 506(i) of I.P.C.

2. The petitioner had pleaded not guilty at the

initial stage and had gone abroad thereafter. The

learned Counsel for the petitioner submits that, in

view of the pandemic situation, petitioner finding it

extremely difficult, or rather impossible, to return to

India and to appear before the jurisdictional court.

The petitioner's absence has resulted in the court

initiating coercive steps in the form of non-bailable

warrant and Sections 82 and 83 Cr.P.C. proceedings.

Faced with such situation, the petitioner is desirous of CRL.M.C.NO.1833 OF 2021

pleading guilty and seeks a direction to permit him to

plead guilty through Counsel.

3. It is for the learned Magistrate to take a

decision as to whether the petitioner can be permitted

to plead guilty in absentia. Even then, taking into

account the present pandemic situation and the fact

that cross border travel is extremely difficult, the

learned Magistrate shall keep in abeyance all coercive

steps initiated against the petitioner for two months

and, in the meanwhile, pass orders on Annexure-A2

petition.

The Criminal M.C. is disposed of accordingly.

Sd/-

V.G.ARUN

JUDGE

NB/09.04.21 CRL.M.C.NO.1833 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 TRUE COPY OF THE FIR IN CRIME NO.510/2016 OF BEYPORE POLICE STATION.

ANNEXURE A2 A TRUE COPY OF THE CMP 803 OF 2021 IN C.C.NO.1444 OF 2016 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE KOZHIKODE- V.

RESPONDENT'S EXHIBITS: NIL

TRUE COPY P.A. TO JUDGE