Kerala High Court
Mokua Virginia Morhepy vs State Of Kerala on 6 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
THURSDAY, THE 6TH DAY OF JUNE 2024 / 16TH JYAISHTA, 1946
CRL.MC NO. 10225 OF 2023
CRIME NO.1814/2023 OF Ernakulam Central Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT DATED 25.08.2023 IN CC NO.158 OF 2023 OF CHIEF
JUDICIAL MAGISTRATE, ERNAKULAM
PETITIONER/ACCUSED:
MOKUA VIRGINIA MORHEPY
AGED 34 YEARS
D/O. PETER MOKUA, KISSI, CENTRAL KENYA, NOW HE IS HOUSED AT
WOMEN PRISON AND CORRECTIONAL HOME VIYYUR, THRISSUR
DISTRICT, PIN - 680 010.
BY ADVS.
P.MOHAMED SABAH
LIBIN STANLEY
SAIPOOJA
SADIK ISMAYIL
R.GAYATHRI
M.MAHIN HAMZA
ALWIN JOSEPH
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682 031.
2 THE STATION HOUSE OFFICER
ERNAKULAM CENTRAL POLICE STATION, ERNAKULAM DISTRICT, PIN -
682 031.
3 ADDL.R3 FOREIGNERS REGIONAL REGISTRATION OFFICER ,
FRRO OFFICE, 2ND FLOOR, AIRLINES BUILDING, COCHIN
INTERNATIONAL AIRPORT, NEDUMBASSERY, COCHIN 683 111 IS
IMPLEADED AS ADDL.R3 AS PER ORDER DATED 19/12/2023 IN
CRL.M.A.NO.2/2023.
BY ADV. RENJITH T.R,PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
06.06.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 10225 OF 2023 2
BECHU KURIAN THOMAS, J
......................................................
Crl.M.C.No.10225 of 2023
.......................................................
Dated this the 6th day of June, 2024
ORDER
Petitioner is a foreign national belonging to Kenya. He is the
sole accused in Crime No.1814/2023 of Ernakulam Central Police
Station Ernakulam, which is now pending consideration as C.C. No.
158/2023 on the files of Chief Judicial Magistrate Court,
Ernakulam. This petition under Section 482 was filed challenging
condition nos.3 & 6 in Annexure 3 order.
2. Those conditions were imposed while granting bail to the
petitioner. In the meantime, due to the failure of the petitioner to
comply with the conditions, he could not enjoy the bail granted to
him and therefore noticing the predicament, this Court directed the
petitioner to be moved to the Gandhi Bhavan at Pathanapuram.
3. In the meantime, when the case came up for consideration
on 23.05.2024, noticing the necessity to conduct a speedy trial,
especially since the crime relates to a foreign national, this Court
called for a report from the Chief Judicial Magistrate Court,
Ernakulam, as to the possibility of disposing of the case and also
the timeline required for such disposal. By report dated 28.05.2024,
it is stated that the case is posted to 24.06.2024 for framing of
charge, and that if the charge is framed, the trial can be completed
within 2 months, provided, the witnesses appear on first summons.
4. Having regard to the necessity of a speedy trial, this Court is
of the view that the trial ought to be completed at the earliest, at any
rate, within one month from the date of framing of the charge. The
learned Chief Judicial Magistrate Court must take every effort to
dispose of the case within the said period.
5. Accordingly, there will be direction to the learned Chief
Judicial Magistrate to dispose of C.C.No.158/2023 pending on its
files, as expeditiously as possible, at any rate, within an outer period
of one month from 24.06.2024. The first respondent/State of Kerala
and the third respondent/ Foreigners Regional Registration officer
shall ensure that the petitioner is produced before the Court on
24.06.2024 and on other dates when his presence is required before
the court.
This Crl.M.C. is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
Sngi JUDGE
APPENDIX OF CRL.MC 10225/2023
PETITIONER'S ANNEXURES
ANNEXURE 1 TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO. 1814/2023 OF ERNAKULAM CENTRAL
POLICE STATION.
ANNEXURE 2 TRUE COPY OF THE REMAND REPORT IN CRIME NO.
1814/2023 OF ERNAKULAM CENTRAL POLICE
STATION.
ANNEXURE 3 CERTIFIED COPY OF THE ORDER DATED 25.08.2023
IN C.M.P NO. 9848/2023 ON THE FILE OF CHIEF
JUDICIAL MAGISTRATE COURT, ERNAKULAM.
ANNEXURE 4 TRUE COPY OF THE OFFICIAL MEMORANDUM DATED
07.11.2023 ISSUED FROM THE OFFICE OF THE
CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM TO
THE SUPERINTENDANT OF WOMEN'S JAIL VIYYUR.
