Sabu P. Joseph vs State Of Kerala
2022 Latest Caselaw 3516 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
TUESDAY, THE 22ND DAY OF MARCH 2022 / 1ST CHAITHRA, 1944
                       CRL.MC NO. 5505 OF 2018

               Crime No.164/2008 of Rajapuram Police Station

 C.C.No.460/2014 (Old No.C.C.237/2009) on the file of the Judicial First
                  Class Magistrate Court-I, Hosdurg
PETITIONER/2nd ACCUSED:

               SABU P. JOSEPH
               S/O. JACOB, AGED 47 YEARS, PANANTHOTTAM HOUSE,
               MARTHAKAKRA VILLAGE, KALADY,
               THRISSUR DISTRICT.

               BY ADVS.
               JOSY ANTONY
               LINDONS C.DAVIS
               E.U.DHANYA
               SWATHY A.P.


RESPONDENTS/STATE & COMPLAINANT:

    1          STATE OF KERALA
               REPRESENTED BY THE PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, ERNAKULAM - 682031.

    2          JAINAMMA ABRAHAM,
               MANNOOR HOUSE,
               RAJAPURAM P.O,
               KASARAGOD,
               KERALA, PIN - 671532.

                 R1 BY SMT.T.V.NEEMA SR.PUBLIC PROSECUTOR


        THIS     CRIMINAL    MISC.    CASE   HAVING    COME    UP    FOR
ADMISSION ON 22.03.2022, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
 Crl.M.C.No.5505 of 2018

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                                ORDER

The petitioner is the 2nd accused in Crime No.164/2008 of

Rajapuram Police Station. The offence alleged is under Section

420 read with Section 34 of the IPC. The original case number

was C.C.No.237/2009. Since the petitioner/the 2 nd accused

was absconding, the case as against him was split up and has

been refiled as C.C.No.460/2014 on the file of the Judicial First

Class Magistrate Court-I, Hosdurg.

2. The learned counsel for the petitioner submitted

that the 2nd accused now working at USA is coming back to

Kerala on 10th April, 2022. The learned counsel also submitted

that, since the 2nd accused was at USA, he could not take part

in the proceedings and his failure to appear at the court below

was not at all deliberate. The learned counsel further

submitted that, since the 1st accused was already acquitted,

the case as against the petitioner/the 2 nd accused also will not

lie. The counsel also submitted that the 2 nd accused, after

reaching Kerala, is ready to surrender at the court below and Crl.M.C.No.5505 of 2018

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co-operate with the trial. The counsel pleads that there may

be a direction to the learned Magistrate to consider the Bail

Application on the same day itself.

In the result, this Crl.M.C. is disposed of with a direction

to the learned Magistrate to dispose of the Bail Application, if

any, filed by the 2nd accused on the date of his surrender. Till

the Bail Application is disposed of by the court below, the

petitioner shall not be arrested.

Sd/-

DR.KAUSER EDAPPAGATH, JUDGE skj Crl.M.C.No.5505 of 2018

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APPENDIX OF CRL.MC 5505/2018

PETITIONER'S ANNEXURES ANNEXURE P1 TRUE COPY OF THE JUDGMENT DATED 19.2.2014 IN CC NO.237/09 OF THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE i, HOSDURG