Telvin Augustine vs State Of Kerala
2023 Latest Caselaw 1433 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
  FRIDAY, THE 20TH DAY OF JANUARY 2023 / 30TH POUSHA, 1944
                   CRL.MC NO. 411 OF 2023
 AGAINST THE ORDER/JUDGMENT CC 353/2018 OF ADDITIONAL CHIEF
               JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONER/ACCUSED 1 AND 3:
    1     TELVIN AUGUSTINE AGED 46, S/O AUGUSTINE,
          H.NO. 15/1008, ALUNKAL HOUSE,
          PAI ROAD, PERUMPADAPPU KARA,
          EDAKOCHI VILLAGE,PALLURUTHY,
          KOCHI, PIN - 682006

    2     JOSEPH CRIPSON @ RICHU AGED 54 YEARS, S/O
          NICHOLAS, AZHIKKAKAKTH HOUSE, PAI ROAD,
          PERUMPADAPPU KARA, EDAKOCHI VILLAGE,PALLURUTHY,
          KOCHI, PIN - 682006

         BY ADVS.
         E.S.SANEEJ
         JOMON P.VARGHESE


RESPONDENT/STATE/COMPLAINANT:
    1     STATE OF KERALA REPRESENTED BY PUBLIC
          PROSECUTOR,HIGH COURT OF KERALA, PIN - 682031

    2     THE STATION HOUSE OFFICER ERNAKULAM TOWN NORTH
          POLICE STATION, ERNAKULAM, KOCHI, PIN - 682018

         BY ADV PUBLIC PROSECUTOR


          adv sreeja v -sr pp




    THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 20.01.2023, THE COURT ON THE SAME DAY
PASSED THE FOLLOWING:
 Crl.M.C No. 411 of 2023

                                     2



                                ORDER

The petitioners are the accused Nos. 1 and 3 in Crime

No.73/2005 of Ernakulam Town North Police Station. The

offences alleged against the petitioners are punishable under

Sections 379, 403, 420 and 120 B read with Section 34 of

Indian Penal Code.

2. The petitioners were released on bail during the

crime stage. Later, when cognizance was taken and on receipt

of summons, they appeared before the Chief Judicial Magistrate

Court, Ernakulam. However, on certain posting dates, they

could not appear before the Court and therefore non-bailable

warrants happened to be issued against them. Later,

proceedings under Section 82 and 83 of Cr.PC were also

initiated. Now the petitioners expressed their willingness to

surrender before the learned Magistrate. However, their

apprehension is that, since the proceedings under Section 82

and 83 of Cr.P.C are pending, they are likely to be detained.

This Crl.M.C is filed in such circumstances, seeking for a Crl.M.C No. 411 of 2023

direction to the learned Magistrate to pass orders on the bail

application to be submitted by them on the date of surrender

itself.

3. Considering all the relevant aspects, I am of the view

that one opportunity can be granted to the petitioners.

Accordingly this Crl.M.C is disposed of directing the petitioners

to surrender before the Chief Judicial Magistrate Court,

Ernakulam within a period of two weeks from today and submit

necessary applications for bail and to recall the warrants. In the

event of such surrender and submission of applications, the

same shall be considered by the learned Chief Judicial

Magistrate positively on the date of surrender itself, provided

the petitioners give advance notice thereof to the Public

Prosecutor concerned. To enable the petitioners to do so,

execution of the non-bailable warrants against the petitioners

shall be kept in abeyance for a period of two weeks or till the

date of surrender, whichever is earlier.

Sd/-

ZIYAD RAHMAN A.A.

JUDGE rpk Crl.M.C No. 411 of 2023

APPENDIX OF CRL.MC 411/2023

PETITIONER ANNEXURES

Annexure1 TRUE PHOTOCOPY OF THE FINAL REPORT IN CC 353/2018 OF ADDITIONAL CHEIF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 21.06.2005

Annexure2 TRUE PHOTOCOPY OF THE E-COURTS DAILY STATUS PROCEEDINGS IN CC 353/2018 OF ADDITIONAL CHEIF JUDICIAL MAGISTRATE COURT, ERNAKULAM DATED 16.08.2022