Kerala High Court
Ketty Cherian vs The Station House Officer on 30 September, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
2024:KER:72443
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
MONDAY, THE 30TH DAY OF SEPTEMBER 2024 / 8TH ASWINA, 1946
OP(CRL.) NO. 678 OF 2024
CRIME NO.36/2020 OF KATHIRUR POLICE STATION, KANNUR
IN CC NO.308 OF 2023 OF ADDITIONAL CHIEF JUDICIAL
MAGISTRATE, THALASSERY
PETITIONERS/ACCUSED 1, 5 AND 6:
1 KETTY CHERIAN
AGED 46 YEARS
MANAGING DIRECTOR,
ADHOC SOFTWARE TECHNOLOGY PRIVATE LIMITED,
40/2896, PRASANTHI LANE,
PALARIVATTOM, COCHIN,
ERNAKULAM, PIN - 686024
2 PRABHUL ARUN NARAYANAN
AGED 43 YEARS
ARUNIMA, BROTHERN MISSION ROAD,
IRINGALAKKUDA, THRISSUR, PIN - 680021
3
SRUTHI ASWATHI
AGED 37 YEARS
ASWATHI HOUSE, NRHSS,
MOORKATTUPARAMBU, PATTAMBI,
PALAKKAD, PIN - 679303
BY ADVS.
ALEX.M.SCARIA
SAHL ABDUL KADER
GEORGE KAPPEN
CLARINA CHRISTOPHER P.
RESPONDENT/COMPLAINANT:
THE STATION HOUSE OFFICER
KATHIROOR POLICE STATION,
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O.P (Crl.) No.678 of 2024
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KANNUR, KERALA, PIN - 670642
BY ADV. SREEJA V,
PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
30.09.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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O.P (Crl.) No.678 of 2024
-:3:-
BECHU KURIAN THOMAS, J.
---------------------------------------
O.P (Crl.) No.678 of 2024
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Dated this the 30th day of September, 2024
JUDGMENT
Petitioners are accused Nos. 1, 5 and 6 in C.C.No.308/2023 on
the files of the Additional Chief Judicial Magistrate Court, Thalassery.
They seek a direction to consider and dispose of copy application filed by
them in the above case.
2. The grievance of the petitioners, as submitted by
Sri. Alex M Scaria, the learned counsel for the petitioners, is that though
a non-bailable warrant has been issued against them, due to their non-
appearance, they had applied to obtain a certified copy of the final report
filed, to enable them to challenge the proceedings. However, the
learned Magistrate has not passed any orders on the said application on
the ground that petitioners must appear before the court personally,
before the application is considered.
3. I have heard Smt. Sreeja.V, the learned Public Prosecutor as
well.
4. The grant of a certified copy of an original record by court is
provided as per Rule 222 of Criminal Rules of Practice in Kerala, 1982.
Nowhere in the Code of Criminal Procedure, 1973 or in the Bharatiya
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Nagarik Suraksha Sanhita, 2023, nor in the Criminal Rules of Practice is
there any provision which insists on the presence of a party for obtaining
a certified copy of the proceedings. Parties are entitled to have their
application for certified copy considered either when it is presented by
the applicant or through his Advocate as is evident from Rule 222 of the
Criminal Rules of Practice. In such circumstances, refusal to pass an
order on a copy application filed by the petitioners or their Advocate is
not legally proper.
5. Accordingly, there will be a direction to the learned
Additional Chief Judicial Magistrate, Thalassery, to consider and pass
appropriate orders on Ext.P7 copy application filed by the petitioners
dated 18.04.2024 in C.C.No.38/2023, as expeditiously as possible, at any
rate within a period of four days from the date of receipt of a copy of this
judgment.
6. Notwithstanding the above, since a non-bailable warrant is
pending against the petitioners, it is clarified that if the petitioners
appear before the Trial Court and file an application for recall of warrant
for grant of bail within the next date, necessarily, the learned Magistrate
shall consider the same and pass appropriate orders on the same day
itself, provided if the petitioners surrender on or before the next posting
date. To enable the petitioners to appear before the Magistrate as
directed, the non-bailable warrant issued against the petitioners shall be
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kept in abeyance till the next posting date before the trial court.
This original petition is disposed of with the above observations.
Sd/-
BECHU KURIAN THOMAS
JUDGE
Jka/30.09.24.
2024:KER:72443
APPENDIX OF OP(CRL.) 678/2024
PETITIONERS' EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT, DATED
06/02/2020, FILED BEFORE THE ADDITIONAL
CHIEF JUDICIAL MAGISTRATE COURT
THALASSERY AS C.M.P 124 OF 2020.
Exhibit P2 TRUE COPY OF THE F.I.R DATED 07/02/2020
BEARING CRIME NO. 36 OF 2020 LODGED BY
THE RESPONDENT.
Exhibit P3 TRUE COPY OF THE ORDER DATED 05/03/2021
IN CRL. M. C NO. 1366/2021 PASSED BY THIS
HON'BLE COURT.
Exhibit P4 TRUE COPY OF THE CRL. M.C.1366/2021 SANS
WITH ANNEXURES FILED BY THE PETITIONERS
BEFORE THIS HON'BLE COURT.
Exhibit P5 TRUE COPY OF THE PLAINT IN OS 494 OF 2022
DATED 30/05/2022 FILED BEFORE THE MUNSIFF
COURT, ERNAKULAM.
Exhibit P6 TRUE COPY OF THE WRITTEN STATEMENT DATED
11/12/2023 IN O.S. NO. 494/2022 ON THE
FILES OF THE MUNSIFF'S COURT, ERNAKULAM.
Exhibit P7 TRUE COPY OF THE CERTIFIED COPY OF COPY
APPLICATION DATED 18/04/2024 IN CC 308 OF
2023 FILED BEFORE THE ADDITIONAL CJM,
THALASSERY.
Exhibit P8 TRUE COPY OF THE CERTIFIED COPY OF THE
AFFIDAVIT DATED 18/04/2024 IN CC 308 OF
2023 FILED BEFORE THE ADDITIONAL CJM,
THALASSERY.
Exhibit P9 TRUE COPY OF THE PROCEEDINGS IN C.C. NO.
308/2023 BEFORE THE ADDITIONAL CJM COURT,
THALASSERY FROM THE E-COURT WEBSITE.
