A.John vs State Of Kerala
2024 Latest Caselaw 15034 Ker

Kerala High Court

A.John vs State Of Kerala on 4 June, 2024

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
              THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
        TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
                       CRL.MC NO. 4799 OF 2024
   CRIME NO.2181/2014 OF CHENGANNOOR POLICE STATION, ALAPPUZHA
 AGAINST THE ORDER/JUDGMENT DATED IN LP NO.5 OF 2021 OF JUDICIAL
               MAGISTRATE OF FIRST CLASS -I, CHENGANNUR
PETITIONER/ACCUSED 2 AND 3:

    1       A.JOHN
            AGED 75 YEARS
            S/O GEEVARGHESE JOHN, KAIMANNIL HOUSE,
            FORT VALLEY TOWN SHIP, KUSUMAGIRI,
            KAKKANAD, PIN - 682030
    2       SARALAMMA JOHN
            AGED 65 YEARS
            W/O A.JOHN, KAIMANNIL HOUSE,
            FORT VALLEY TOWN SHIP, KUSUMAGIRI,
            KAKKANAD, PIN - 682030
            BY ADVS.
            MANSOOR.B.H.
            SAKEENA BEEGUM
RESPONDENTS/COMPLAINANT/STATE:

    1       STATE OF KERALA
            REPRESENTED BY PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA,
            ERNAKULAM, PIN - 682031
    2       STATION HOUSE OFFICER
            CHENGANOOR POLICE STATION,
            ALAPPUZHA DISTRICT, PIN - 673008
            SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4799 OF 2024
                                2



                            ORDER

Dated this the 4th day of June, 2024

This Criminal Miscellaneous Case has been filed under

Section 482 of the Code of Criminal Procedure and the prayer

in this petition is to direct the Judicial First Class Magistrate

Court-I, Chenganoor to consider the application, being filed by

the petitioners, to recall the non-bailable warrant and to release

them on bail in L.P 5/2021 in C.C.No.646/2015, which arose

out of Crime No.2181/2014 of Chenganoor Police Station, on

the date of surrender itself and not to remand the petitioners to

judicial custody.

2. Heard the learned counsel for the petitioners as well

as the learned Public Prosecutor in detail.

3. The learned counsel for the petitioners would submit

that the petitioners are accused Nos.2 and 3 in Crime

No.2181/2014 of Chenganoor Police Station. It is submitted

further that acting on the final report filed in this case,

cognizance for the offences punishable under Sections 498A

and 506(i) read with Section 34 of IPC was taken and the CRL.MC NO. 4799 OF 2024

matter got numbered as C.C.No.646/2015. Now the matter has

moved to L.P. register by giving L.P.No.5/2021 and the

petitioners are facing threat of arrest. According to the learned

counsel for the petitioners, the petitioners are innocent and

they did not receive any summonses so far since they have

been residing in a different address. He also stated that the

petitioners are ready to co-operate with the trial and there may

be a direction to release them on bail.

4. The learned Public Prosecutor would submit that

trial of the case shall be ensured forthwith since the crime is of

the year 2014.

5. In this matter, evidently, after taking cognizance for

the offences punishable under Sections 498A and 506(i) read

with Section 34 of IPC by numbering the case as

C.C.No.646/2015, the presence of the accused could not be

secured for trial and on completing steps under Sections 82

and 83 of Cr.P.C., the same is moved to the long pending

register. The petitioners are the parents of the husband of the CRL.MC NO. 4799 OF 2024

defacto complainant and they are aged and ailed persons.

Though the reasons stated by the petitioners regarding

absence of knowledge about the proceedings could not be

found from materials, in the interest of justice, there shall be a

direction to the Judicial First Class Magistrate Court-I,

Chenganoor to release the petitioners on regular bail, on their

surrender within seven days from today, on getting proper

application and by imposing conditions necessary to secure

their presence for trial.

6. The petitioners are directed to co-operate with the

trial of the matter without obstruction and the learned

Magistrate is directed to expedite the trial and complete the

same within three months from the date of release of the

petitioners on bail.

This Criminal Miscellaneous Case stands disposed of as

indicated above.

Sd/-

A. BADHARUDEEN JUDGE nkr CRL.MC NO. 4799 OF 2024

PETITIONER ANNEXURES ANNEXURE A TRUE COPY OF THE FINAL REPORT IN CRIME NO:2181/2014 OF CHENGANOOR POLICE STATION ANNEXURE B TRUE COPY OF THE ORDER IN B.A NO:7169/2014 OF THIS HON'BLE COURT ANNEXURE C TRUE COPY OF THE CASE STATUS OF PROCEEDINGS IN L.P 5/2021 OF JUDICIAL FIRST CLASS MAGISTRATES COURT-1, CHENGANNUR RESPONDENT ANNEXURES : NIL