Biju Radhakrishnan vs Biorhythm Wellness And Spa
2023 Latest Caselaw 4665 Ker

Crl. M.C. No.3175 of 2023          1



                  IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
                      THE HONOURABLE MR.JUSTICE V.G.ARUN
     WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                            CRL.MC NO. 3175 OF 2023
   AGAINST THE ORDER/JUDGMENT in CC 1359/2015 OF ADDITIONAL CHIEF
                     JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONER/ACCUSED:

              BIJU RADHAKRISHNAN,
              AGED 47 YEARS
              RAJAN VILLA, KALAYAPURAM VILLAGE, ENATHU KULAKKADA,
              P.O. KOTTARAKKARA (DIST), KOLLAM, PIN - 691521
              BY ADV ALEX JOSEPH

RESPONDENT/COMPLAINANT:

      1       BIORHYTHM WELLNESS AND SPA
              3RD FLOOR, CHAMMANY CHAMBERS, KALOOR - KADAVANTHRA
              ROAD, KOCHI REPRESENTED BY ITS PROPRIETOR, PRADEEP
              KUMAR NAIR, THROUGH HIS POWER OF ATTORNEY HOLDER SRI.
              K.R. UNNIKRISHNAN, S/O. K.K. RAMAN, AGED 48 YEARS, R/O.
              31/88/1, ADITHIYA, P.O. PORMKUNNAM, ASHRAMAM ROAD,
              THRISSUR, PIN - 682020
      2       STATE OF KERALA
              REP. BY PUBLIC PROSECUTOR, HIHG COURT OF KERALA,
              ERNAKULAM, PIN - 682031

OTHER PRESENT:

              PP M.C.ASHI

       THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No.3175 of 2023           2

                                  V.G.ARUN J.
                       -------------------------------------
                           Crl. M.C. No.3175 of 2023
                        ---------------------------------
                    Dated this the 12th day of April 2023

                                   ORDER

The petitioner is the second accused in CC No.1359/2015 pending

on the files of the Judicial First Class Magistrate Court-1(NI Court),

Ernakulam.

2. The case originated from a complaint filed by the first

respondent alleging commission of offence under Section 138 of the

N.I.Act by the petitioner and three others. Petitioner's continuous

absence despite issuance of summons resulted in non-bailable warrant

being issued and the case included in the long pending register as LP

No.90/2023. This Crl.M.C. is filed seeking permission to surrender

before the Magistrate court and for a direction to consider the bail

application on the date of surrender itself.

3. Learned Counsel for the petitioner submitted that all

notices/summons from the court was sent in the address of the

company, which had been closed down in the year 2012. Further,

during the period 2013-2019, the petitioner was in jail and in the similar

cases, instituted by the other complainants, notices were sent on the

petitioner through the jail authorities. In this case alone, the petitioner

was nor served with notice through the jail superintendent.

4. Having heard the learned counsel and having gone through the

documents, I find submission to be correct.

5. The Crl.M.C. is hence disposed of, permitting the petitioner to

surrender before the Judicial First Class Magistrate Court-1(NI Court),

Ernakulam, in CC No.1359/2015 ( LP No.90/2023), within three weeks.

If the petitioner surrenders within the time granted and moves the

application for bail with notice to the counsel for the complainant, the

bail application shall be considered and orders passed on the date of

surrender itself. The non-bailable warrant pending against the petitioner

shall be kept in abeyance for three weeks.

Sd/-

V.G.ARUN JUDGE dpk