Jithin Surendran vs State Of Kerala
2022 Latest Caselaw 6279 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
   FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
                   CRL.MC NO. 3694 OF 2016
AGAINST THE ORDER/JUDGMENT IN MC 24/2014 OF JFCM, KALAMASSERY
                         (TEMPORARY)
PETITIONERS/RESPONDENTS NO: 1 TO 3

    1     JITHIN SURENDRAN, AGED 36 YEARS
          S/O. SURENDRAN, KOTTEPPARAMBIL HOUSE,
          PAMBADI P.O, KOTTAYAM DISTRICT 686 502.
    2     SURENDRAN K.D.,
          S/O. DIVAKARAN, AGED 55 YEARS, KOTTEPPARAMBIL
          HOUSE, PAMBADI P.O., KOTTAYAM DISTRICT 686 502.
    3     OMANA, W/O. SURENDRAN, GED 53 YEARS,
          KOTTEPPARAMBIL HOUSE, PAMPADI P.O,
          KOTTAYAM DISTRICT 686 502.
          BY ADV SRI.T.A.SREE KUMAR


RESPONDENTS/STATE OF KERALA AND PETITIONER:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,
          HIGH COURT OF KERALA, ERNAKULAM - 31.
    2     DIYA, AGED 36 YEARS,
          PALAKKAL (HOUSE), COCHIN UNIVERSITY P.O.,
          SOUTH KALAMASSERY.
          SRI.NOUSHAD K.A., SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 3694 OF 2016
                                        2



                      BECHU KURIAN THOMAS, J
                    ...........................................
                        Crl.M.C.No.3694 of 2016
                       .....................................
                 Dated this the 3 rd day of June, 2022

                                     ORDER

This petition is filed seeking for a direction to consider the

bail application to be filed by the petitioners and to

enlarge them on bail on the date of their surrender itself

and also not to arrest the petitioners till the execution of

the bail bond in Crl.M.P.No.529/2015 in M.C.No.24/2014

pending before the Judicial First Class Magistrate Court,

Kalamassery.

2. Though the case was called yesterday (ie., 02.06.2022),

there was no representation and hence the same was

posted for consideration to today (ie., 03.06.2022) as a last

chance. Even today there is no representation.

3. Sri.Noushad K.A., the learned Public Prosecutor submitted

that the relief claimed by the petitioners itself is not

maintainable and that the Crl.M.C. having been filed in the

year 2015, it would have obviously become infructuous, CRL.MC NO. 3694 OF 2016

considering the nature of relief claimed.

4. On an appreciation of the averments in this petition, I

notice that the petitioners are the respondents in

M.C.No.24/2014 filed by the 2nd respondent under Section

15 of the Protection of Women's from the Domestic

Violence Act, 2005. Pursuant to an ex parte order issued

by the learned Magistrate, petitioners failed to abide by

the directions and, hence, non-bailable warrants were

issued. Petitioners apprehend arrest in execution of the

non-bailable warrants and hence this application.

5. Considering the circumstances pointed out as above, I do

not find any merit in enlarging the petitioners on bail in

the instant case. On a perusal of the proceedings in this

Crl.M.C., I notice that an interim order was granted

initially on 08.07.2016, which was vacated due to default

on the part of the petitioners to deposit the amount

directed by this Court. It is evident that the petitioners

have been defaulting the payment directed by the court

below and in such circumstances the issuance of non-

bailable warrant was justified. In that scenario, I find no CRL.MC NO. 3694 OF 2016

reason to interfere with this case and, hence, this Crl.M.C.

shall stand dismissed.

Sd/-

BECHU KURIAN THOMAS JUDGE AMV/03/06//2022