John Thomas vs State Of Kerala
2023 Latest Caselaw 9194 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 23RD DAY OF AUGUST 2023 / 1ST BHADRA, 1945
                   CRL.MC NO. 6933 OF 2023
AGAINST THE ORDER/JUDGMENT CC 209/2021 OF JUDICIAL MAGISTRATE
       OF FIRST CLASS - III, (TEMPORARY), MUVATTUPUZHA

PETITIONER/ACCUSED :-

           JOHN THOMAS, AGED 55 YEARS
           PULIKIYIL HOUSE, ALAPURAM, ELANJI,
           ERNAKULAM, PIN - 686665

           BY ADVS.
           C.K.SREEJITH
           MARY RANZOM LOUIZ

RESPONDENTS/STATE & COMPLAINANT :-

     1     STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,
           HIGH COURT OF KERALA, PIN - 682031

     2     TOM GEORGE
           S/O GEORGE., POTHANIKATTU
           PERUMPILLIL HOUSE, ELANJI P.O.,
           ERNAKULAM RURAL, PIN - 686665

           BY SRI.VIPIN NARAYAN, SR.PP

    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
    23.08.2023, THE COURT ON THE SAME DAY PASSED THE
    FOLLOWING:
 CRL.MC NO. 6933 OF 2023

                                         2



                                       ORDER

The petitioner herein is the accused in C.C.No.209 of 2021 on the file

of the Judicial Magistrate of First Class-III, Muvattupuzha. In the aforesaid

case, he is facing prosecution for the offence punishable under Section 420

of IPC.

2. Owing to the failure of the petitioner to appear before the

learned Magistrate, coercive proceedings have been initiated. The petitioner

states that he is prepared to appear before the court and seek bail. His

prayer in this petition is for issuance of directions to the learned Magistrate

to consider his applications on the date of surrender itself.

3. I have heard Sri.Sreejith C.K, the learned counsel appearing for

the petitioner and the learned Public Prosecutor.

4. Having regard to the facts and circumstances and the

submissions made across the bar, this petition is disposed of by ordering as

under:

a) The petitioner shall surrender before the jurisdictional court within two weeks from today.

CRL.MC NO. 6933 OF 2023

b) If applications for recalling the warrant and for grant of bail is preferred before the court with advance notice to the concerned prosecutor, the learned Magistrate shall consider the same and pass appropriate orders in accordance with law, ideally on the date of surrender itself.

(c) In order to enable the petitioner to appear before the court below, coercive proceedings pending against the petitioner shall be kept in abeyance for a period of two weeks.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE SMA CRL.MC NO. 6933 OF 2023

APPENDIX OF CRL.MC 6933/2023

PETITIONER ANNEXURES :-

Annexure A1 THE TRUE COPY OF THE FIR. NO. 830/2021 OF THE KOOTHATTUKULAM POLICE STATION