Cdr. H.S. Baweja vs State Of Kerala
2024 Latest Caselaw 15441 Ker

Kerala High Court

Cdr. H.S. Baweja vs State Of Kerala on 5 June, 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
     WEDNESDAY, THE 5TH DAY OF JUNE 2024 / 15TH JYAISHTA, 1946
                        CRL.MC NO. 4807 OF 2024
AGAINST   THE    ORDER/JUDGMENT   DATED     IN   CC   NO.972   OF   2017   OF
ADDITIONAL CHIEF JUDICIAL MAGISTRATE (E&O),ERNAKULAM
PETITIONERS:

    1      CDR. H.S. BAWEJA
           AGED 44 YEARS
           S/O. LATE GP. CAPT. G.S. BAWEJA, 129 KATARI BAGH, NAVAL
           BASE, KOCHI, PIN - 682004
    2      CDR.PARAG TYAGI
           AGED 44 YEARS
           S/O. CDR. RISHI RAJ TYAGI (RETD.), INS DHRONACHARAYA,
           FORT KOCHI, KOCHI, PIN - 682001
    3      CDR.RITESH ANAND
           AGED 44 YEARS
           S/O.LATE ABHAY SINGH, B 103, RRSK DIVINE GREEN
           APARTMENT, SAKET VIHAR, ANISABAD, PATNA,, PIN - 800002
           BY ADVS.
           K.R.VINOD
           M.S.LETHA
           NABIL KHADER
           RAHUL.S


RESPONDENT:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
           PIN - 682031
OTHER PRESENT:

           SRI. NOUSHAD K. A. (PP)


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
05.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 4807 OF 2024
                                 2

               BECHU KURIAN THOMAS, J.
               -----------------------------------------
                 Crl.M.C.No. 4807 of 2024
               ----------------------------------------
            Dated this the 5th day of June, 2024


                             ORDER

Petitioners are the accused in C.C.No.972/2017 on the

files of the Additional Chief Judicial Magistrate (E&O),

Ernakulam. The offence alleged against the petitioners is

under Sections 323, 324, 342, 294(b) and 427 r/w Section

34 of the Indian Penal Code, 1860.

2. Due to non-appearance of the petitioners, a non-

bailable warrant has been issued against them. Even though

petitioners are willing to appear and participate in the trial,

petitioners apprehend that they will be remanded to custody.

3. Having heard 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 the petitioners have expressed their

willingness to participate in the trial, there will be a direction

to the Additional Chief Judicial Magistrate (E&O),

Ernakulam, to consider the applications for recall of warrant CRL.MC NO. 4807 OF 2024

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

C.C.No.972/2017, on the same day itself, provided such

applications are filed within 15 days from today. To enable

the petitioners to appear before the Magistrate as directed,

the non-bailable warrant issued against the petitioners shall

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

The Crl.M.C. is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM CRL.MC NO. 4807 OF 2024

PETITIONER ANNEXURES Annexure A1 THE COPY OF THE E COURTS PROCEEDINGS PERTAINING TO THE ARREST WARRANT ISSUED AGAINST THE PETITIONERS