Shinu Alpho Rajan vs State Of Kerala
2023 Latest Caselaw 5797 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
                  CRL.MC NO. 1243 OF 2021

   AGAINST CC NO.429/2016 OF JUDICIAL MAGISTRATE OF FIRST
                     CLASS-I , KOTTAYAM

PETITIONER/ACCUSED :

            SHINU ALPHO RAJAN
            AGED 31 YEARS
            D/O RAJAN JACOB, CHETHIPUZHA HOUSE,
            PERUMPANACHY P.O., MADAPPALLY VILLAGE,
            CHANGANACHERRY, KOTTAYAM DISTRICT.
            THE PETITIONER IS REPRESENTED BY HER MOTHER
            AND POWER OF ATTORNEY HOLDER, BEENA RAJAN,
            AGED 55 YEARS, W/O RAJAN, CHETHIPUZHA HOUSE,
            PERUMPANACHY P.O., MADAPPALLY VILLAGE,
            CHANGANACHERRY, KOTTAYAM DISTRICT.

            BY ADVS.
            M.R.ARUNKUMAR
            SRI.A.FRANCIS
            SRI.P.T.BINDURAJ
            SRI.P.SHAMMI NAVAS

RESPONDENT/S:

    1       STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, ERNAKULAM,
            KOCHI-682031.

    2       ADDL.R2.

            THOMAS JOSEY MALAYIL
            3F, B-BLOCK, ARTECH, DEEPAM APARTMENTS,
            ANAYARA, THIRUVANANTHAPURAM-695029

            IS IMPLEADED AS PER ORDER DATED 24.5.2023 IN CRL.MA.NO.2
            OF 2021.
 Crl.M.C No.1243 of 2021

                                2




                 BY ADVS.
                 K.R.SUNIL
                 AISWARYA VENUGOPAL
                 KRISHNA SURESH
                 EASHWARY.V




                 SRI VIPIN NARAYAN, SR PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C No.1243 of 2021

                                     3




                                     ORDER

The petitioner herein is the accused in CC No.429 of 2016 on the file

of the Judicial First Class Magistrate Court I, Kottayam. In the aforesaid

case, she is facing prosecution for having committed offenses punishable

under Sections 323 and 294(b) of the IPC. The prosecution allegation is that

she slapped her husband on his cheek and thereby committed the offense.

2. According to the petitioner, she took bail and thereafter filed an

application for exemption which was allowed. She left for her place of

employment in the UAE and has been working there ever since. In her

absence, the trial was completed and the case was posted for judgment on

5.11.2020. When she failed to appear on that day, the learned Magistrate

ordered personal appearance and posted the case to 9.11.2020. The

petitioner applied for time on 9.11.2020, and the case was posted to

11..11.2020. As the petitioner was not in a position to leave her place of

employment, she failed to appear and the learned Magistrate proceeded to

cancel the bail and ordered notice to sureties. It was followed with a Non

Bailable Warrant. Being aggrieved, this petition is filed seeking issuance of

directions to the learned Magistrate to consider her application for recalling Crl.M.C No.1243 of 2021

the warrant and grant of bail.

3. I have heard the learned counsel appearing for the petitioner,

the learned counsel appearing for the party respondent, and the learned

Public Prosecutor.

4. The learned counsel appearing for the petitioner submitted that

the petitioner shall appear before the learned Magistrate as and when

directed and requests that necessary directions be issued to the learned

Magistrate to consider the application for bail to be filed on the same day

itself.

5. The learned counsel appearing for the respondents opposed the

submissions.

6. 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.

b) If applications for recalling the warrant and for

grant of bail are preferred before the court with advance Crl.M.C No.1243 of 2021

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 NS Crl.M.C No.1243 of 2021

APPENDIX OF CRL.MC 1243/2021

PETITIONER ANNEXURES :

ANNEXURE A1 CERTIFIED COPY OF THE READABLE COPY OF ORDER SHEET IN C.C.NO.429/2016 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1, KOTTAYAM.

ANNEXURE A2 CERTIFIED COPY OF POWER OF ATTORNEY EXECUTED BY THE PETITIONER IN THE NAME OF HIS MOTHER BEENA RAJAN.

ANNEXURE A3 COPY OF THE JUDGMENT OF THE FAMILY COURT KOTTAYAM AT ETTUMANOOR IN O.P.NO.760 OF 2016 DATED 30.4.2018.

ANNEXURE A4 COPY OF THE JUDGMENT OF THE JUDICIAL FIRST CLASS MAGISTRATE-I, ALAPPUZHA DATED 7.12.2019 IN M.C.NO.40 OF 2016.

ANNEXURE A5 COPY OF THE FINAL REPORT IN CRIME NO.688 OF 2016 OF KOTTAYAM EAST POLICE, KOTTAYAM.