Anandhan vs State Of Kerala
2021 Latest Caselaw 23114 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                     PRESENT

                       THE HONOURABLE MR. JUSTICE K.HARIPAL

         WEDNESDAY, THE 24TH DAY OF NOVEMBER 2021 / 3RD AGRAHAYANA, 1943

                             CRL.MC NO. 5711 OF 2021

  AGAINST THE ORDER/JUDGMENT IN SC 925/2015 OF SUB COURT AT PUNALUR, KOLLAM.,

                                      KOLLAM

PETITIONERS/ACCUSED NO.1 TO 3:

     1       ANANDHAN
             AGED 46 YEARS
             S/O.BHASKARAN,
             SARASWATHY BHAVANAM,
             KIZHAKKUPADINJARE LAKSHAM VEEDU COLONY,
             ACHANKOVIL MURI, ARYANKAVU VILLAGE,
             KOLLAM DISTRICT.
     2       BHASKARAN,
             AGED 78 YEARS
             S/O.KARUTHAKUNJU,
             SARASWATHY BHAVANAM,
             KIZHAKKUPADINJARE LAKSHAM VEEDU COLONY,
             ACHANKOVIL MURI,
             ARYANKAVU VILLAGE, KOLLAM DISTRICT.
     3       SARASWATHY,
             AGED 74 YEARS
             W/O.BHASKARAN, SARASWATHY BHAVANAM,
             KIZHAKKUPADINJARE LAKSHAM VEEDU COLONY,
             ACHANKOVIL MURI, ARYANKAVU VILLAGE,
             KOLLAM DISTRICT.
             BY ADVS.
             ALEXANDER GEORGE
             ARCHANA JOHN BRITTO


RESPONDENTS/STATE:

     1       STATE OF KERALA
             REPRESENTED BY ITS DIRECTOR OF PUBLIC PROSECUTION,
             HIGH COURT OF KERALA, ERNAKULAM-682031.
     2       THE STATION HOUSE OFFICER
             THENMALA POLICE STATION,
             KOLLAM DISTRICT-691308.
             SR.PP - SRI. HRITHWIK C.S.



      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24.11.2021, THE

COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C.No.5711 of 2021
                                         2



                                     ORDER

Petitioners are accused in S.C.No.925/2015 pending

before the Assistant Sessions Court, Punalur where they face

allegations under Sections 332 and 308 read with Section 34 of the

IPC and Section 117(g) of the Kerala Police Act . Inviting attention to

the Annexure-1 case status of the court, the learned counsel pointed

out that till 08.01.2021, the petitioners were regularly present and

thereafter due to lock down related issues there was no regular sitting

in the court. Later on 26.07.2021, they were absent but there was

representation for them. On 27.08.2021, they could not be present

and non-bailable warrants have been issued.

2. Learned counsel submits that they belong to Achankovil,

which is about 43 kilometers away from the court house, that in order

to reach the place they will have to travel via Chenkotta in Tamil

Nadu; they live in areas; petitioners two and three are septuagenarians

and now warrants of arrest have been issued besides M.C.Nos.6/2021,

7/2021 and 8/2021 are registered against them, that non-bailable

warrants are pending against them.

Crl.M.C.No.5711 of 2021

3. I heard the learned counsel for the petitioners and also the

learned Senior Public Prosecutors.

4. The case status does not indicate that M.Cs were

registered after issuing notice to the sureties. It is also not possible to

infer from Annexure-A1 that bail has been cancelled and bail bonds

have been forfeited. The learned counsel undertakes that the

petitioners are prepared to co-operate with the trial. If their bail is not

cancelled, the petitioners shall file application for recalling warrant

and on that event that shall be considered on the same day of filing the

petition. It does not seem that since the case is ripe for trial, custodial

trial is warranted. Therefore, the petitioner shall surrender before

court at the earliest; if application for recalling warrant or seeking

fresh bail is filed, it shall be considered on the very day of filing the

same.

The Crl.M.C is disposed of as above.

Sd/-

K.HARIPAL

JUDGE

Jms/24.11 Crl.M.C.No.5711 of 2021

APPENDIX OF CRL.MC 5711/2021

PETITIONER ANNEXURE Annexure 1 TRUE COPY OF THE B-DIARY PROCEEDINGS FROM 21.02.2017 TO 27.09.2021 IN SC NO.925/2015 PENDING BEFORE THE HON'BLE ASSISTANT SESSIONS JUDGE, PUNALUR.