Kerala High Court
Joshy Mathew vs State Of Kerala on 23 April, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3703 OF 2024
CRIME NO.194/2015 OF KADAVANTHRA POLICE STATION, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.28 OF 2022 OF
JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620. NOW
RESIDING AT HOUSE NO-19/95, MARADU MUNICIPALITY,
MARADU VILLAGE, MARADU.P.O,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.
SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.04.2024, ALONG WITH Crl.MC.3701/2024, 3702/2024 AND
CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3701 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1387 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.
SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3702 OF 2024
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1389 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA P.O.,
ERNAKULAM, PIN - 682020
BY ADV.
SMT. SEETHA. S. SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3706 OF 2024
CRIME NO.192/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.794 OF 2021
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT. SEETHA. S,SENIOR PUBLIC
PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3709 OF 2024
CRIME NO.193/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1386 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW,PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV. S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3715 OF 2024
CRIME NO.189/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1609 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3718 OF 2024
CRIME NO.248/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN LP NO.101 OF 2022
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S):
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV. S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT.SEETHA S.,SENIOR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
8
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 23RD DAY OF APRIL 2024 / 3RD VAISAKHA, 1946
CRL.MC NO. 3725 OF 2024
CRIME NO.197/2015 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.1388 OF 2020
OF JUDICIAL FIRST CLASS MAGISTRATE - VIII, ERNAKULAM
PETITIONER(S)/ACCUSED:
JOSHY MATHEW
AGED 46 YEARS
S/O.MATHEW, PUTHUPPALLIPPARAMBIL HOUSE,
THOTTIPPAL.PO, ARATTUPUZHA, THRISSUR-680620.
NOW RESIDING AT HOUSE NO-19/95, MARADU
MUNICIPALITY, MARADU VILLAGE,
MARADU.PO,ERNAKULAM, PIN - 682304
BY ADV S.SUNIL KUMAR (PALAKKAD)
RESPONDENT(S)/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM, PIN - 682031
2 STATION HOUSE OFFICER
KADAVANTHRA POLICE STATION, KADAVANTHRA.PO,
ERNAKULAM, PIN - 682020
BY ADV.SMT. SHEEBA THOMAS, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR
ADMISSION ON 23.04.2024, ALONG WITH Crl.MC.3703/2024
AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. Nos.3703 of 2024 & connected cases
9
P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. Nos.3703, 3715, 3725, 3702, 3718, 3709,
3701 & 3706 of 2024
----------------------------------------------
Dated this the 23rd day of April, 2024
ORDER
Theses Criminal Miscellaneous Cases are filed
under Section 482 of the Code of Criminal Procedure,
1973 ("the Code" for the sake of brevity).
2. Petitioner, in these Criminal Miscellaneous
Cases, is the same. He is an accused in
L.P.Nos.28/2022 & 101/2022 and C.C.Nos.1609/2020,
1388/2020, 1389/2020, 1386/2020, 1387/2020 &
794/2021 on the file of the Judicial First Class
Magistrate Court - VIII, Ernakulam. The above cases
are registered against the petitioner inter alia under
Section 420 IPC. It is submitted that the petitioner
Crl.M.C. Nos.3703 of 2024 & connected cases
was on bail and subsequent to the lock-down, the
petitioner lost the contact of the counsel and hence
warrant was issued in all these cases. Some of the
cases were included in the Long Pending Register.
3. The petitioner submits that, he is ready to
surrender before the jurisdictional court. But the
apprehension of the petitioner is that, if he surrender
before the jurisdictional court, the jurisdictional court
may remand him without considering his bail
application.
4. The Public Prosecutor submitted that no such
apprehension is necessary and this court may not pass
any direction to the lower court to release the
petitioner on bail and that is a matter to be decided by
the trial court.
5. This court in Vineeth Somarajan @ Ambadi
v. State of Kerala and another (2009 (3) KHC
471) relied on the dictum laid down by another
learned Single Judge in Biju S. Praveen v. State of
Crl.M.C. Nos.3703 of 2024 & connected cases
Kerala and Another (2007 (2) KLT 280)
considered this point. It will be better to extract the
relevant portion of Vineeth Somarajan's case
(supra).
"14. The apprehension of the petitioner is that if he
appears before the Trial Court, he would be remanded to judicial
custody. In Biju v. State of Kerala, 2007 KHC 3436 : 2007 (2)
KLT 280 : 2007 (1) KLJ 713 : ILR 2007 (2) Ker. 26 : 2007
(1) KLD 486, Justice A. K. Basheer, after noticing the practice
that is being followed by some learned Magistrates (vide
paragraph 16) held at paragraph 18 thus:
'18. As mentioned earlier, Criminal Courts
should always be careful while passing orders on bail
applications which in effect deal with personal liberty.
In cases where the Court decides to send an accused
to custody pending trial, it must be ensured that the
Court applies its mind judicially and judiciously with
particular reference to the facts and circumstances of
the case. The mere fact that the accused had failed to
respond to a summons or that the Court had to issue
non bailable warrant to compel his presence will not
ipso facto empower the Criminal Court to remand
the accused to custody as a punitive measure when
he appears before the Court on his own volition or is
Crl.M.C. Nos.3703 of 2024 & connected cases
produced in execution of the warrant. The bail
application that may be moved on his behalf has to
be considered and orders should be passed on the
same day itself since personal liberty of an accused
cannot be curtailed in a whimsical or disdainful
manner.' I am in respectful agreement with the
dictum laid down in Biju v. State of Kerala."
6. In the light of the above dictum laid down by
this court, I think the apprehension of the petitioner
that the jurisdictional court will remand the accused
without application of mind is unnecessary. Therefore,
these Criminal Miscellaneous Cases are disposed of
with the following directions:
1) The petitioner shall surrender before the
jurisdictional court within three weeks from today. If an
application for bail with advance copy to the prosecutor
concerned is filed at the time of surrender by the
petitioner, the jurisdictional court shall consider the
same and pass appropriate orders in accordance with
law, ideally on the date of surrender itself.
Crl.M.C. Nos.3703 of 2024 & connected cases
2) 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 three weeks.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
DM
Crl.M.C. Nos.3703 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS
IN CC NO-1387/2020 OF HONBLE
JUDICIAL FIRST CLASS MAGISTRATE
COURT-VIII, ERNAKULAM
Crl.M.C. Nos.3703 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS
IN CC NO-1389/2020 OF HONBLE
JUDICIAL FIRST CLASS MAGISTRATE
COURT-VIII, ERNAKULAM
Crl.M.C. Nos.3703 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS
IN CC NO-794/2021 OF HONBLE JUDICIAL
FIRST CLASS MAGISTRATE COURT-VIII,
ERNAKULAM
Crl.M.C. Nos.3703 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS
IN CC NO-1386/2020 OF HONBLE
JUDICIAL FIRST CLASS MAGISTRATE
COURT-VIII, ERNAKULAM
Crl.M.C. Nos.3703 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS
IN CC NO-1609/2020 OF HONBLE
JUDICIAL FIRST CLASS MAGISTRATE
COURT-VIII, ERNAKULAM
Crl.M.C. Nos.3703 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE AI TRUE COPY OF THE CASE STATUS IN CC
NO-2598/2016 HON'BLE JUDICIAL FIRST
CLASS MAGISTRATE COURT-VIII,
ERNAKULAM OBTAINED FROM THE E-COURTS
WEBSITE DATED 31.12.2022
Crl.M.C. Nos.3703 of 2024 & connected cases
PETITIONER ANNEXURES
ANNEXURE AI TRUE COPY OF THE B-DIARY PROCEEDINGS
IN CC NO-1388/2020 OF HONBLE
JUDICIAL FIRST CLASS MAGISTRATE
COURT-VIII, ERNAKULAM
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
