Kerala High Court
Ashraf Khan vs State Of Kerala on 22 December, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
CRL.MC NO. 9417 OF 2022
AGAINST THE ORDER/JUDGMENT IN LP 21/2013 OF JUDICIAL FIRST CLASS
MAGISTRATE-V, ERNAKULAM
S.T.NO.464/2008 OF JUDICIAL FIRST CLASS MAGISTRATE-V, ERNAKULAM
PETITIONER/ACCUSED NO.2:
ASHRAF KHAN
AGED 57 YEARS
S/O K.C.KANIRAWTHER, CHULAPARAMBIL,
VISTA,HARIPAD P.O.ALAPUZHA, PIN - 690514
BY ADV S.MOHAMMED AL RAFI
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM-, PIN - 682031
SRI.G.SUDHEER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
22.12.2022, ALONG WITH Crl.MC.9421/2022, 9428/2022 AND 9429/2022,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 9417 OF 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
CRL.MC NO. 9421 OF 2022
AGAINST THE ORDER/JUDGMENT IN LP 10/2016 OF JUDICIAL
FIRST CLASS MAGISTRATE-V, ERNAKULAM
S.T.NO.573/2008 OF JUDICIAL FIRST CLASS MAGISTRATE-V,
ERNAKULAM
PETITIONER/ACCUSED NO.2:
ASHRAF KHAN
AGED 57 YEARS
S/O K.C.KANIRAWTHER,
CHULAPARAMBIL, VISTA, HARIPAD P.O.
ALAPUZHA, PIN - 690514
BY ADV S.MOHAMMED AL RAFI
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI.G.SUDHEER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 22.12.2022, ALONG WITH Crl.MC.9417/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 9417 OF 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
CRL.MC NO. 9428 OF 2022
AGAINST THE ORDER/JUDGMENT IN LP 5/2016 OF JUDICIAL FIRST
CLASS MAGISTRATE-V, ERNAKULAM
S.T.NO.588/2008 OF JUDICIAL FIRST CLASS MAGISTRATE-V,
ERNAKULAM
PETITIONER/ACCUSED NO.2:
ASHRAF KHAN
AGED 57 YEARS
S/O K.C.KANIRAWTHER, CHULAPARAMBIL,
VISTA, HARIPAD P.O. , ALAPUZHA, PIN - 690514
BY ADV S.MOHAMMED AL RAFI
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI.RENJIT GEORGE, SR.PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 22.12.2022, ALONG WITH Crl.MC.9417/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 9417 OF 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
THURSDAY, THE 22ND DAY OF DECEMBER 2022 / 1ST POUSHA, 1944
CRL.MC NO. 9429 OF 2022
AGAINST THE ORDER/JUDGMENT IN LP 9/2016 OF JUDICIAL FIRST
CLASS MAGISTRATE-V, ERNAKULAM
S.T.NO.469/2008 OF JUDICIAL FIRST CLASS MAGISTRATE-V,
ERNAKULAM
PETITIONER/ACCUSED NO.2:
ASHRAF KHAN
AGED 57 YEARS
S/O K.C.KANIRAWTHER, CHULAPARAMBIL,
VISTA, HARIPAD P.O. ALAPUZHA, PIN - 690514
BY ADV S.MOHAMMED AL RAFI
RESPONDENT/STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
SRI.G.SUDHEER, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 22.12.2022, ALONG WITH Crl.MC.9417/2022 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
CRL.MC NO. 9417 OF 2022
COMMON ORDER
Dated this the 22nd day of December, 2022
One Ashraf Khan, who is the second accused in LP
Nos.21/2013, 10/2016, 9/2016 and 5/2016 on the file of the
Judicial First Class Magistrate Court-V Ernakulam, arising
from S.T.Nos.464/2008, 573/2008, 469/2008 and 588/2008
respectively, has filed these petitions under Section 482 of
the Code of Criminal Procedure, 1973 (hereinafter referred
as 'Cr.P.C.' for convenience).
2. The prayer in Crl.M.C.No.9417/2022 is to direct
the Judicial First Class Magistrate Court-V, Ernakulam to
recall the warrant and to enlarge the petitioner on bail in
L.P.No.21/2013 on the date of surrender itself.
3. The prayer in Crl.M.C.No.9421/2022 is to direct
the Judicial First Class Magistrate Court-V, Ernakulam to
recall the warrant and to enlarge the petitioner on bail in
CRL.MC NO. 9417 OF 2022
L.P.No.10/2016 on the date of surrender itself.
4. The prayer in Crl.M.C.No.9429/2022 is to direct
the Judicial First Class Magistrate Court-V, Ernakulam to
recall the warrant and to enlarge the petitioner on bail in
L.P.No.9/2016 on the date of surrender itself.
5. The prayer in Crl.M.C.No.9428/2022 is to direct
the Judicial First Class Magistrate Court-V, Ernakulam to
recall the warrant and to enlarge the petitioner on bail in
L.P.No.5/2016 on the date of surrender itself.
6. Heard the learned counsel for the petitioner on
admission.
7. Since the prayers are hereinabove extracted,
notice to the other side stands dispensed with.
8. The learned counsel for the petitioner would
submit that the petitioner is ready to surrender before the
trial court and he apprehends arrest in the event of his
CRL.MC NO. 9417 OF 2022
surrender since the matter has been included in the Long
Pending register. Therefore, the learned counsel pressed
for the relief, as prayed for.
9. The allegation raised in the complaints against the
petitioner is that the petitioner was one of the partners of a
firm named 'M/s.Water Sky Manpower Consultants' and
towards the liability due to the complainants in these cases,
the petitioner on behalf of the partnership firm issued
cheques and the same got dishonoured. In
Crl.M.C.No.9417/2022, the cheque amount would come to
Rs.1,45,631/-. Similarly, in Crl.M.C.Nos.9421/2022,
9429/2022 and 9428/2022, the cheque amounts involved
are Rs.34,951/-, Rs.1,09,579 and Rs.81,553/- respectively.
10. On perusal of the case numbers
(S.T.Nos.464/2008, 573/2008, 469/2008 and 588/2008),
where from the long pending case numbers were given, it is
CRL.MC NO. 9417 OF 2022
emphatically clear that the petitioner absconded from the
process of court for a long period of 14 years and now, the
petitioner wants to be released on bail, on the day of
surrender itself. Prima facie, it appears that the prayer is not
justifiable. If such orders are given in favour of persons
having stature of the petitioner, the rule of law will be in
trouble.
Therefore, the petitioner is directed to surrender before
the Judicial First Class Magistrate Court-V, Ernakulam,
within seven days from today and move for regular bail, in
accordance with law. The learned Magistrate shall consider
the same, purely on merits, taking note of the abscondence
of the petitioner for a period of 14 years and the observation
in this order, in accordance with law.
This Crl.M.C. stands disposed of as indicated above.
CRL.MC NO. 9417 OF 2022
Registry is directed to forward a copy of this order to
the court below concerned for compliance and information.
Sd/-
A. BADHARUDEEN
JUDGE
nkr
