M/S Santhimadom Builders And ... vs State Of Kerala
2024 Latest Caselaw 10147 Ker

Kerala High Court

M/S Santhimadom Builders And ... vs State Of Kerala on 5 April, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

       IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
    THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
                CRL.MC NO. 6419 OF 2023
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1614 OF 2014
   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 RADHAKRISHNAN, SANTHIMADOM,
         THEKENALUVAZHY,
         N. PARAVOOR P.O. , ERNAKULAM, PIN - 683 513.
   2     DR. RADHAKRISHNAN,
         AGED 71 YEARS
         S/O. NARAYANAN, SANTHIMADOM,
         THEKKENALUVAZHI, N. PARAVUR,
         ERNAKULAM, PIN - 683 513.
   3     RAMANI RADHAKRISHNAN
         AGED 68 YEARS
         W/O RADAKRISHNAN,
         SANTHIMADOM, THEKE NALUVAZHI,
         N.PARAVOOR P. O., PIN - 683 513.
   4     RAGESH MANU,
         AGED 35 YEARS
         S/O RADAKRISHNAN, SANTHIMADOM,
         THEKENALUVAZHI,
         N. PARAVOOR,, PIN - 683 513.
         BY ADVS.
         ANOOP KRISHNA
         V.A.PRADEEP KUMAR
         JENNY THANKAM


RESPONDENT/COMPLAINANT :

         STATE OF KERALA
         REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, PIN - 682 031.
         SMT.SREEJA V., PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
 CRL.MC 6419/2023

                                            2


                        BECHU KURIAN THOMAS, J
                   ......................................................
                            Crl.M.C.No.6419 of 2023
                    ...................................................
                   Dated this the 5th day of April, 2024


                                        ORDER

Petitioners are accused Nos.1 to 4 in C.C.No.1614/2014 on the files

of the Judicial First Class Magistrate Court-I, Chavakkad. The

offences alleged against them are under Sections 406, 417, 418, and

420 r/w Section 34 of the Indian Penal Code, 1860.

2. Due to the non-appearance of the petitioners, non bailable warrants

have been issued against them. Even though petitioners are willing

to appear and participate in the trial, they apprehend that they will

be remanded to custody.

3. Having heard the learned counsel for the petitioners and the learned

Public Prosecutor, I am of the view that this Crl.M.C. can be

disposed of with a direction.

4. Since petitioners have expressed their willingness to participate in

the trial, there will be a direction to the Judicial First Class

Magistrate Court-I, Chavakkad to consider the applications for recall

of warrant and for grant of bail, if any, filed by the petitioners in

C.C.No.1614/2014, on the same day itself, provided such

applications are filed within 15 days from today.

5. To enable the petitioners to appear before the Magistrate as

directed, the non-bailable warrants issued against the petitioners

shall be kept in abeyance for a period of 15 days from today.

The Crl.M.C.is disposed of.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/06/04/2024

PETITIONER EXHIBITS

EXHIBIT A1 THE TRUE COPY OF THE CHARGE AS C.C.NO.1614 OF 2014 ON THE FILE OF THE JFCM I CHAVAKKAD.

TRUE COPY