Kerala High Court
Sreehari S vs State Of Kerala on 11 September, 2024
2024:KER:69246
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
CRL.MC NO. 7586 OF 2024
CRIME NO.VC- 03.2017/SIU/2017 OF VACB, THIRUVANANTHAPURAM,
Thiruvananthapuram
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.6 OF 2023 OF
ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE),
THIRUVANANTHAPURAM
PETITIONER/ACCUSED:
SREEHARI S
AGED 44 YEARS
S/O SREEPRAKASH, RESIDING AT SREE BHAVAN, CHERUKODE P.O
KOORACHUNDU, KOZHIKODE, PIN - 673527
BY ADVS.
K.SHIBILI NAHA
A.LOWSY
SRINATH C.V.
GAYATHRI RAJAGOPAL
RESPONDENTS/STATE:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI-CORRUPTION BUREAU-II VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
3 DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI-CORRUPTION BUREAU-II VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695014
BY ADVS
SMT.REKHA S. - SENIOR PUBLIC PROSECUTOR
SRI.A.RAJESH - SPECIAL PUBLIC PROSECUTOR (VIGILANCE)
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
11.09.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No. 7586 of 2024
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O R D E R
Dated this the 11th day of September, 2024
This Criminal Miscellaneous Case is preferred by
the petitioner, who is the accused in
C.C.No.6/2023 of the Special Court,
Thiruvananthapuram. The petitioner is aggrieved by
the issuance of a bailable warrant by the Special
Court for his non-appearance on 17.04.2024.
Learned counsel for the petitioner would submit
that, the petitioner was critically ill due to
H1N1 infection with acute respiratory and renal
dysfunction and was hospitalized in the Critical
Care Unit, as discernible from Annexure-F medical
certificate. It is for this reason that he would
not present himself on 17.08.2024. On such
premise, the bailable warrant is sought to be
recalled. Further, the petitioner also submits
that he may be exempted from personal appearance
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by invoking Section 308 and 355(1) of the
Bharathiya Nagarik Suraksha Sanhita.
2. Having heard the learned counsel for the
petitioner and the learned Senior Public
Prosecutor, this Court is of the opinion that, the
prayers sought for can be allowed, as indicated
below, especially in view of Annexure-F medical
certificate.
(1) Accordingly, there will be a direction to
the learned Special Judge to re-call the
bailable warrant issued against the
petitioner.
(2) The personal appearance of the petitioner
before the Special Court will stand exempted
for a period of two months, whereafter, the
petitioner will furnish a fresh medical
certificate indicating his medical state of
affair. Based on the same, necessary further
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orders will be passed by the learned Special
Judge as regards his appearance.
(3) To enable the appearance of the petitioner
through a lawyer, let C.C.No.6/2023 be
adjourned and called on 30.09.2024.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
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PETITIONER ANNEXURES
Annexure A A TRUE COPY OF THE ORDER IN CRL. MP NO
28/2017 IN THE FILES OF THE COURT OF
ENQUIRY COMMISSIONER AND SPECIAL JUDGE
(VIGILANCE) THIRUVANANTHAPURAM DATED
28.01.2017
Annexure B A TRUE COPY OF THE ORDER IN OA (EKM)
1590/2021 DATED 06.10.2021
Annexure C A TRUE COPY OF THE INTERIM ORDER DATED
11.09.2023 IN OA (EKM) 334/2023
Annexure D A TRUE COPY OF INTERIM ORDER DATED
12.10.2023 IN CRL.MC NO 8390/2023
Annexure E A TRUE COPY OF THE ORDER DATED 16.02.2024
Annexure F A TRUE COPY OF THE MEDICAL CERTIFICATE
ISSUED BY THE SENIOR CONSULTANT INTERNAL
MEDICINE ASTER MIMS HOSPITAL CALICUT ON
29.08.2024
Annexure G A TRUE COPY OF THE CASE STATUS UPDATE
PERTAINING TO CC 06/2023 PENDING BEFORE
THE COURT OF ENQUIRY COMMISSIONER AND
SPECIAL JUDGE (VIGILANCE)
THIRUVANANTHAPURAM
