Santhimadom Builders And ... vs State Of Kerala
2023 Latest Caselaw 5424 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MR.JUSTICE BASANT BALAJI
        FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                        CRL.MC NO. 2411 OF 2023
 AGAINST THE ORDER/JUDGMENT IN CC 384/2015 OF JUDICIAL MAGISTRATE
                      OF FIRST CLASS ,CHAVAKKAD
PETITIONERS/ACCUSED NO.1 TO 4:

    1       M/S SANTHIMADOM BUILDERS AND DEVELOPERS TRUST,
            CORPORATE OFFICE GURUVAYOOR,
            REP BY ITS CHAIRMAN RADAKRISHNAN,SANTHIMADOM,
            THEKKENALUVAZHI, N.PARAVUR, ERNAKULAM,, PIN - 683513
    2       V.N.RADHAKRISHNAN
            AGED 71 YEARS
            S/O. NARAYANAN, SANTHIMADOM, THEKKENALUVAZHI,
            N.PARAVUR, ERNAKULAM,, PIN - 683513
    3       RAMANI RADHAKRISHNAN
            AGED 68 YEARS
            W/O V.N.RADHAKRISHNAN SANTHIMADOM, THEKE NALUVAZHI,
            N.PARAVOOR, PIN - 68351
    4       RAGESH MANU
            AGED 35 YEARS
            S/OV.N. RADHAKRISHNAN, SANTHIMADOM, THEKENALUVAZHI, N.
            PARAVOOR,, PIN - 683513
            BY ADVS.
            ANOOP KRISHNA
            V.A.PRADEEP KUMAR


RESPONDENT/COMPLAINANT:

            STATE OF KERALA
            REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, PIN -
            682031
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.04.2023, ALONG WITH Crl.MC.1975/2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C Nos.2411 and 1975 OF 2023

                                       2



              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                    PRESENT
               THE HONOURABLE MR.JUSTICE BASANT BALAJI
      FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945
                         CRL.MC NO. 1975 OF 2023
 AGAINST THE ORDER/JUDGMENTCC 384/2015 OF JUDICIAL MAGISTRATE OF
                         FIRST CLASS ,CHAVAKKAD
  CC 384/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD
PETITIONERS/ACCUSED NO.1 TO 4::

     1      SANTHIMADOM BUILDERS AND DEVELOPERS TRUST
            CORPORATE OFFICE GURUVAYOOR, REP BY ITS CHAIRMAN
            RADAKRISHNAN, SANTHIMADOM, THEKENALUVAZHY, N.
            PARAVOOR P.O. ERNAKULAM, PIN - 683513
     2      DR.RADHAKRISHNAN,
            AGED 71 YEARS
            S/O. NARAYANAN, SANTHIMADOM, THEKKENALUVAZHI,
            N.PARAVUR, ERNAKULAM,, PIN - 683513
     3      RAMANI RADAKRISHNAN
            AGED 68 YEARS
            W/O RADAKRISHNAN SANTHIMADOM, THEKE NALUVAZHI,
            N.PARAVOOR PO., PIN - 683513
     4      RAGESH MANU
            AGED 35 YEARS
            S/O RADAKRISHNAN, SANTHIMADOM, THEKENALUVAZHI, N.
            PARAVOOR, PIN, PIN - 683513
            BY ADVS.
            ANOOP KRISHNA
            V.A.PRADEEP KUMAR


RESPONDENTS/COMPLAINANT:

     1      STATE OF KERALA,
            REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, PIN
            - 682031
     2      CIRCLE INSPECTOR
            OFFICE OF THE POLICE STATION GURUVAYOOR,PO., PIN -
            680101
     3      JAYAPRAKASH
            AGED 60 YEARS
            S/O.SREEDHARAN NAIR, BINDU NIVAS, MANKARA VILLAGE,
 Crl.M.C Nos.2411 and 1975 OF 2023

                                    3

            KANNAMPARIYARAM DESAM, P.O. PALAKKAD DISTRICT, PIN -
            678001
     4      BINDU JAYAPRAKASH
            AGED 54 YEARS
            W/O JAYAPRAKASH, BINDU NIVAS, MANKARA VILLAGE,
            KANNAMPARIYARAM DESAM P.O, PALAKKAD DISTRICT,, PIN -
            678001
      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
28.04.2023, ALONG WITH Crl.MC.2411/2023, THE COURT ON THE SAME
DAY PASSED THE FOLLOWING:
 Crl.M.C Nos.2411 and 1975 OF 2023

                                      4



                                    ORDER

Dated this the 28th day of April, 2023

The limited prayer sought in Crl.M.C.No.2411

of 2023 is to direct the court below to consider the bail

applications of the petitioners on the same day itself in

accordance with law and to keep the warrant

proceedings against the petitioners in abeyance till

then.

2. Crl.M.C.No.1975 of 2023 is filed to quash

Annexure A2 proceedings in C.C.No.384 of 2015

whereby the petitioners were directed to appear before

the court below without fail on 08.03.2023.

3. The petitioners are Santhimadom Builders

and Developers Trust, Chairman and other office

bearers. The defacto complainant has filed a complaint

before the SHO, Guruvayoor against the petitioners, on

the ground that the petitioners have not constructed

the villa as agreed in the agreement. The petitioners

have submitted before the SHO, Guruvayoor that they Crl.M.C Nos.2411 and 1975 OF 2023

are ready and willing to carry out the balance

constructions, provided the balance amounts are paid.

The police had filed a charge sheet against the

petitioners as C.C.No.384 of 2015 and is pending

before the JFCM-1, Chavakkad under Sections 420 and

34 of the IPC. Bail was granted to the petitioners

initially. Thereafter, defacto complaint filed a petition to

cancel the bail applications, since the petitioners had

violated the bail conditions. It is submitted that after

the hearing was conducted in M.P. No.1227 of 2022 on

02.03.2023, the case was posted for orders on

08.03.2023 and the accused were directed to be

present on that day. On 08.03.2023, the petition filed

by the defacto complainant for cancellation of bail was

dismissed, but the court below proceeded to issue

warrant against the petitioners on the ground that they

have failed to appear on 08.03.2023. That is

challenged in Crl.M.C. No.1975 of 2023.

4. Now the limited prayer sought by the learned

counsel for the petitioners is that they are ready to Crl.M.C Nos.2411 and 1975 OF 2023

surrender before the court below and if they surrender

the bail applications moved by them shall be

considered on the very same day of surrender itself.

5. The learned Public Prosecutor opposes the

prayer and submitted that the petitioners were directed

to appear on 08.03.2023, but they failed to appear and

the petitioners cannot seek for a direction to consider

the bail applications on the same day.

Having considered the contentions across the

bar and the averments in the Crl.M.Cs, I am satisfied

that a direction can be given to the court below to

consider the bail application on the same day it is

moved. In the result, Crl.M.C.No.2411 of 2023, is

allowed and the petitioners are directed to surrender

before the court below within 15 days from today and if

any bail application is filed, the copy of the bail

application shall be submitted to the Public Prosecutor

two days in advance and the court below is directed to

consider the bail applications on the very same day and

pass appropriate orders.

Crl.M.C Nos.2411 and 1975 OF 2023

In the light of observations made above,

Crl.M.C. No.1975 of 2023, is closed. The warrant

issued against the petitioners shall be kept in abeyance

till the date of surrender.

Sd/-

BASANT BALAJI JUDGE SSK/29/04 Crl.M.C Nos.2411 and 1975 OF 2023

APPENDIX OF CRL.MC 2411/2023

PETITIONER ANNEXURES Annexure-A1 THE POLICE HAS FILED CHARGE AGAINST THE PETITIONERS ASC.C.NO.384 /2015 ON THE FILE OF THE JFCM I CHAVAKKAD UNDER SECTIONS 420 AND 34 OF IPC. THE CASE IS PENDING Annexure-A2 THE COPY OF THE MEDICAL CERTIFICATE OF THE 2ND PETITIONER DATED 6-3-2023 Annexure-A3 THE COPY OF THE MEDICAL CERTIFICATE OF THE 3RD PETITIONER DATED 3-3-2023 Crl.M.C Nos.2411 and 1975 OF 2023

APPENDIX OF CRL.MC 1975/2023

PETITIONER ANNEXURES Annexure-A1 CHARGE AS C.C.NO.384 /2015 ON THE FILE OF THE JFCM I CHAVAKKAD UNDER SECTIONS 420 AND 34 OF IPC. THE CASE IS PENDING. THE TRUE COPY OF THE SAME Annexure-A2 MP NO 1227 OF 2022 AND MP NO 1552 OF 2022 IN CC NO 384 OF 2015, THE COURT BELOW HAS POSTED THE ALL ACCUSED SHALL BE PRESENT WITHOUT FAIL ON THE NEXT POSTING, WITHOUT EXCUSE, FAILING WHICH BAIL WILL BE CANCELLED. THE TRUE COPY OF THE PROCEEDINGS OF THE SAME

RESPONDENT'S EXHIBITS:NIL

SSK //TRUE COPY// PA TO JUDGE