Shiju Mathew vs State Of Kerala
2024 Latest Caselaw 26979 Ker

Kerala High Court

Shiju Mathew vs State Of Kerala on 6 September, 2024

Author: Bechu Kurian Thomas

Bench: Bechu Kurian Thomas

                                                                  2024:KER:67804
CRL.MC NO. 7494 OF 2024

                                         1


                  IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                      PRESENT

               THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

       FRIDAY, THE 6TH DAY OF SEPTEMBER 2024 / 15TH BHADRA, 1946

                              CRL.MC NO. 7494 OF 2024

            CRIME NO.209/2018 OF RAJAKKAD POLICE STATION, IDUKKI

              AGAINST THE ORDER/JUDGMENT DATED IN CC NO.3 OF 2019 OF

   JUDICIAL MAGISTRATE OF FIRST CLASS,(MUNSIFF MAGISTRATE COURT)

                                      ADIMALI

PETITIONER/ACCUSED 1:

               SHIJU MATHEW, AGED 44 YEARS
               S/O MATHEW, KULATHINAL HOUSE, KUTTAMPUZHA DESOM,
               POOYAMKUTTY VILLAGE, KUTTAMPUZHA.P.O,
               KOTHAMANGALAM TALUK,
               ERNAKULAM DISTRICT - 686 681.


               BY ADV K.S.DHANESH KUMAR


RESPONDENT/COMPLAINANT :

       1       STATE OF KERALA
               REPRESENTED BY PUBLIC PROSECUTOR,
               HIGH COURT OF KERALA, PIN - 682 031.

       2       STATION HOUSE OFFICER
               RAJAKKADU POLICE STATION,
               IDUKKI DISTRICT:, PIN - 686 566.


               SRI. NOUSHAD K. A. (PP)
THIS       CRIMINAL   MISC.    CASE   HAVING    COME   UP   FOR   ADMISSION   ON
06.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
                                                                                     2024:KER:67804
CRL.MC NO. 7494 OF 2024

                                                   2




                               BECHU KURIAN THOMAS, J
                          ......................................................
                                   Crl.M.C.No.7494 of 2024
                           ...................................................
                     Dated this the 6th day of September, 2024


                                               ORDER

Petitioner is the sole accused in C.C.No.3/2019 on the files of the

Judicial First Class Magistrate Court, Adimaly. The offence alleged

against the petitioner are under Section 420 of the Indian Penal Code,

1860.

2. Due to the non appearance of the petitioner, non bailable warrant has

been issued against him. Even though petitioner is willing to appear

and participate in the trial, he apprehends that he will be remanded to

custody.

3. Having heard the learned counsel for the petitioner and the learned

Public Prosecutor, I am of the view that this Crl.M.C. can be disposed of

with a direction.

4. Since petitioner has expressed his willingness to participate in the trial,

there will be a direction to the Judicial First Class Magistrate Court,

Adimaly, to consider the applications for recall of warrant and for grant 2024:KER:67804 CRL.MC NO. 7494 OF 2024

of bail, if any, filed by the petitioner in C.C.No.3/2019, on the same day

itself, provided such applications are filed within 15 days from today.

5. To enable the petitioner to appear before the court below as directed,

the non bailable warrant issued against the petitioner shall be kept in

abeyance for a period of 15 days from today.

The Crl.M.C.is allowed.

sd/-

BECHU KURIAN THOMAS JUDGE AMV/07/09/2024 2024:KER:67804 CRL.MC NO. 7494 OF 2024

PETITIONER ANNEXURES

ANNEXURE 1 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM THE DR JITHIN S KUMAR OF LAKESHORE HOSPITAL, ERNAKULAM DATED 13.04.2024