Jilson Joseph vs State Of Kerala
2021 Latest Caselaw 17287 Ker

Crl.MC No.3242/2021                        1/2

                        IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                        PRESENT
                         THE HONOURABLE MR. JUSTICE GOPINATH P.
                Tuesday, the 17th day of August 2021 / 26th Sravana, 1943
                        CRL.MA.2/2021 IN CRL.MC NO. 3242 OF 2021

CMP 573/2021 OF SESSIONS COURT,KOZHIKODE

   PETITIONERRS/RESPONDENTS/1ST 2ND 4TH ACCUSED:

       1. JILSON JOSEPH AGED 33 YEARS S/O.JOSEPH, KAKKAYANIKKAL, POOVARANTHODE
          P.O., THIRUVAMBADY, KOZHIKODE - 673 603.
       2. VINOJ K.J. AGED 33 YEARS S/O.JOSE, KAYYALAKKATH, POOVARANTHODE P.O.,
          THIRUVAMBADY, KOODARANJI, KOZHIKODE - 673 603.
       3. JAISON A.J. AGED 45 YEARS S/O.MATHAI, ALAYIL, MANJAKKADAVU P.O.,
          KOODARANJI, KOZHIKODE - 673 603.

   RESPONDENTS/PETITIONER/COMPLAINANT:

       1. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
          KERALA, ERNAKULAM - 682031.
       2. RANGE FOREST OFFICER THAMARASSERY, KOZHIKODE - 673 602.

        Petition praying that in the circumstances stated therein the High
   Court be pleased to grant an extension of 3 weeks' time for surrendering
   before the Investigating Officer pursuant to dated 29/07/2021 in
   Crl.MC.No.3242 of 2021 on the file of this Honourable Court, to secure
   ends of justice.
        This application coming on for orders upon perusing the application
   and this courts order dated 29/07/2021 and upon hearing the arguments of
   M/S.T.D.SUSMITH KUMAR, SIVADAS C., Advocates for the petitioners, and of
   PUBLIC PROSECUTOR for the respondents, the court passed the following:



                                                             p.t.o.
 Crl.MC No.3242/2021                             2/2

                                      GOPINATH P., J.
                         -------------------------------------------------
                                 Crl. M.A. No. 2 OF 2021
                                                IN
                                 Crl. M.C. No. 3242 OF 2021
                         -------------------------------------------------
                       DATED THIS THE 17th DAY OF AUGUST, 2021

                                         ORDER

This is an application for extension of time to surrender in terms of the order

dated 29-07-2021 in Crl. M.C. No.3242/2021. This court while disposing of

Crl.M.C. No.3242/2021 had found that the petitioners had been incorrectly

granted bail by the learned Magistrate and also found that the learned Sessions

Judge had correctly reversed the order of the learned Magistrate granting bail. This

court had specifically directed that the petitioners shall surrender before the

Investigating officer within 2 weeks from 29-07-2021. The learned counsel for the

petitioners would submit that the petitioners were primary contact of a COVID

positive patient and hence they could not surrender within the time granted in the

order dated 19-07-2021. Though, I am not inclined to exercise my discretion in

favour of the petitioners, taking into consideration the passionate plea made by the

learned counsel for the petitioners, the petitioners are granted 7 days from today to

surrender before the Investigating Officer as directed in the order dated

29-07-2021 in Crl. M.C. No.3242/2021. All other conditions and directions

contained in the said judgment will continue to operate.

If the petitioners do not surrender within the time as aforesaid, their

presence shall be ensured by initiating action under Section 446 Cr.P.C. against the

sureties and by initiating steps under Sections 82 & 83 Cr.P.C against the

petitioners.

Sd/-

GOPINATH P.

                                                        JUDGE
   AMG
17-08-2021                        /True Copy/                                Assistant Registrar