Kasaragod Gramin Super Market ... vs State Of Kerala
2023 Latest Caselaw 5707 Ker

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Crl.M.C No.3623 of 2023


                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                   THE HONOURABLE MR.JUSTICE C.S.DIAS
         TUESDAY, THE 16TH DAY OF MAY 2023 / 26TH VAISAKHA, 1945
                        CRL.MC NO. 3623 OF 2023
          CRIME NO.361/2012 OF Adhur Police Station, Kasargod
AGAINST THE ORDER/JUDGMENT IN CC 1439/2022 OF JUDICIAL MAGISTRATE OF
                        FIRST CLASS-I ,KASARAGOD
PETITIONER/S:

     1       KASARAGOD GRAMIN SUPER MARKET LTD. COMPANY,
             REPRESENTED.BY RAJESH ALWA
             AGED 49 YEARS
             S/O.KRISHNA ALVA, KRISHNA KAMALA,ARTHIPALLA NAKRAJE
             POST, CHENGALA VIA, BADIYADUKKA, KASARGODE DIST., PIN -
             671541

     2       GEMMED GOLD SUPER MARKET COMPANY LIMITED, REPRESENTED.BY
             RAJESH ALWA
             AGED 49 YEARS
             S/O.KRISHNA ALVA, KRISHNA KAMALA,ARTHIPALLA NAKRAJE
             POST, CHENGALA VIA, BADIYADUKKA, KASARGODE DIST., PIN -
             671541

     3       RAJESH ALWA
             AGED 49 YEARS
             S/O.KRISHNA ALVA, KRISHNA KAMALA,ARTHIPALLA NAKRAJE
             POST, CHENGALA VIA, BADIYADUKKA, KASARGODE DIST., PIN -
             671541

     4       VINAYA.RAJESH ALVA
             AGED 45 YEARS
             W/O.RAJESH ALVA, KRISHNA KAMALA,ARTHIPALLA NAKRAJE POST,
             CHENGALA VIA, BADIYADUKKA, KASARGODE DIST., PIN - 671541

     5       PANDURANGA BHAT
             AGED 52 YEARS
             S/O.ACHUTHA BHAT, KUDINGILA HOUSE, NAKRAJE, CHENGALA
             VIA, BADIYADUKKA, KASARGODE DIST., PIN - 671541

     6       ANIL KUMAR
             AGED 48 YEARS
             S/O.DAMODARAN, JAYARAM NIVAS, KAIKAMBA, UPPALA P.O,
             KASARGODE DIST., PIN - 671322
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Crl.M.C No.3623 of 2023

     7     SINOJ SEBASTIAN
           AGED 40 YEARS
           S/O. SEBASTIAN, A BLOCK, FIRST FLOOR, AR CAMP, RAMDAS
           NAGAR, KASARAGODE DIST. N/R AT VOQ ROAD, PARAKATTA, OPP.
           AR CAMP QUARTERS, KASARAGODE DIST., PIN - 670124

     8     MUHAMMED ASHRAF. K
           AGED 42 YEARS
           S/O.IBRAHIM, ASHRAF MANZIL, NEAR K.P.BUILDING, KUNJATHUR
           P.O, MANJESWAR, KASARGODE DIST., PIN - 671323

     9     ABDUL JABBAR
           AGED 42 YEARS
           S/O.ALI, PATHWADI HOUSE, UPPALA P.O, KASARGODE DIST.,
           PIN - 671322

    10     RAMARAI
           AGED 77 YEARS
           S/O.LAKKANNARAI, GURUKRIPA, PILANKATTA, PERDALA,
           KASARGODE DIST., PIN - 671121

           BY ADVS.
           K.DEEPA (PAYYANUR)
           V.R.NASAR



RESPONDENT/S:

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

     2     THE SUPERINTENDENT OF POLICE
           DISTRICT CRIME BRANCH, KASARAGOD., PIN - 671121

           BY ADV PUSHPALATHA M.K, PUBLIC PROSECUTOR



     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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Crl.M.C No.3623 of 2023


                         C.S DIAS,J.
                     ---------------------------
               Crl.M.C No.3623 of 2023
                    -----------------------------
           Dated this the 16th day of May, 2023

                            ORDER

The petition is filed to direct the Court of the Judicial

First Class Magistrate-I, Kasargod, to consider the bail

application filed by the petitioners in CC No.1439/2022 in

CB Cr.No.902/CR/CB/KNR &KSD/2012 (Adhur Crime

No.361/2012) on the date of filing itself.

2. The petitioners' case is that they are the

accused in the above case which is registered against

them for the offences punishable under Sections 409, 418

and 420 read with Sec.34 of the Indian Penal Code. There

are several other connected cases pending in different

Courts in the State. The main accused, named Rajesh,

was arrested in the crime stage, which is evident from

Annexure-1 final report. The other accused were not even

summoned by the Police. Recently, the petitioners learnt

that an absconding charge has been laid against them.

Crl.M.C No.3623 of 2023

The petitioners apprehend that if they surrender

themselves, they may be remanded to the judicial custody.

Hence the Crl.M.C.

3. Heard the learned counsel appearing for the

petitioners and the learned Public Prosecutor appearing

for the respondents.

4. Having considered the facts and circumstances

of the case and the materials on record, I am of the view

that the court below is to be directed to consider and

dispose of the bail application proposed to be filed by the

petitioners on the date of surrender itself.

Resultantly, the Crl.M.C is disposed of by directing

the Court of the Judicial First Class Magistrate-I,

Kasargod, to consider and dispose of the bail application

proposed to be filed by the petitioners in CC

No.1439/2022 on the date of their surrender itself, in

accordance with law, provided the petitioners surrender

before the court below within a period of ten days from

today and file the bail application with due notice to the

Public Prosecutor. All coercive proceedings as against the

Crl.M.C No.3623 of 2023

petitioners shall stand suspended until a decision is taken

on their bail applications.

The Crl MC is ordered accordingly.

sd/-

sks/16.5.2023 C.S.DIAS, JUDGE

Crl.M.C No.3623 of 2023

APPENDIX OF CRL.MC 3623/2023

PETITIONER ANNEXURES

Annexure1 TRUE COPY OF THE FINAL REPORT OF C.C .NO.1439/2022 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-1, KASARAGOD IN CB.CR.NO.902/CR/CB/KNR&KSD/2012 (ADHUR CRIME NO. 361/2012)

Annexure2 TRUE COPY OF THE E-COURTS OFFICIAL WEBSITE OF THE ABOVE CASE, C.C.NO.1439/2022 OF THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE- 1, KASARAGOD.