Kerala High Court
Renju P. George vs State Of Kerala on 14 July, 2025
Author: V.G.Arun
Bench: V.G.Arun
2025:KER:52730
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 14TH DAY OF JULY 2025 / 23RD ASHADHA, 1947
CRL.MC NO. 6012 OF 2025
AGAINST THE ORDER/JUDGMENT DATED 16.06.2025 IN CC NO.46 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE ,KOTTAYAM
PETITIONER:
RENJU P. GEORGE
AGED 41 YEARS
D/O GEORGE, PULIKUZHIYIL HOUSE, PERUVA P.O., MULAKULAM, VAIKOM,
KOTTAYAM, PIN - 686610
BY ADVS.
SRI.K.T.SAJU
SHRI.SRINATH C.V.
SMT.GAYATHRI RAJAGOPAL
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, PIN -
682031
BY ADV. M.C. ASHI, PUBIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14.07.2025,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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2
ORDER
Dated this the 14th day of July, 2025
Petitioner is the 2nd accused in Crime No.1521 of
2015 registered at the Kottayam East Police Station for
offences punishable under Sections 403, 406, 468, 472
and 420 read with Section 34 of the Indian Penal Code,
now pending as C.C.No.46 of 2018 on the files of the
Chief Judicial Magistrate Court, Kottayam. The
petitioner participated in the trial of the case up to a
stage and thereafter, was compelled to leave the
country for taking up employment abroad. This
resulted in issuance of non-bailable warrant against the
petitioner. At that stage, the petitioner filed
Crl.M.C.No.1704 of 2025 before this Court and as per
Annexure 2 order, she was permitted to surrender
before the trial court and move an application for bail.
Accordingly, petitioner surrendered and was granted
bail on 16.06.2025 subject to conditions, including the
Crl.M.C. No.6012 OF 2025
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condition of surrendering her passport and not leaving
the district. In compliance of the condition, the
petitioner surrendered her passport and later, moved
Annexure 4 application seeking its release. The trial
court having dismissed the application by Annexure 5
order, this Criminal Miscellaneous Case is filed.
2. Learned Counsel for the petitioner submits
that, failure to rejoin her duty immediately will render
his client jobless. It is submitted that the petitioner will
be able to return within one month of rejoining duty
and if the trial is proceeded in the meanwhile, the
petitioner will participate by availing the video linkage
facility. It is pointed out that with respect to the
prosecution witnesses examined in the petitioner's
absence, an affidavit was filed stating that she does
not intend to cross-examine those witnesses.
3. Learned Public Prosecutor submitted that the
Calendar Case is of the year 2018 and the petitioner
having kept away from the court earlier, the court
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below was justified in declining the prayer for release
of her passport.
4. No doubt, the Calendar Case being of the year
2018 ought to be disposed at the earliest. At the same
time, the fact that the employment of the petitioner
will be at stake if she is not allowed to rejoin duty,
cannot be ignored. The petitioner's offer to participate
in the trial by availing the video linkage facility and her
previous conduct of filing an affidavit stating that she
does not intend to cross-examine the witnesses
examined in her absence indicate that she has no
intention to protract the trial.
On consideration of the above factors, I find the
petitioner to be entitled for lenient consideration. The
Criminal Miscellaneous Case is hence disposed of as
under;
i. Condition no.4 in Annexure 3 order, restraining
the petitioner from leaving the district is deleted.
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ii. The passport surrendered by the petitioner shall
be released to her for a period of two months, by
imposing appropriate conditions.
iii. If the trial of the case is proceeded with in the
meanwhile and the petitioner makes an
application through lawyer to participate in the
trial by availing the video linkage facility,
appropriate orders shall be passed thereon.
Sd/-
V.G.ARUN
JUDGE
NB/14-7
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PETITIONER ANNEXURES
ANNEXURE 1 A TRUE COPY OF THE RENEWED CONTRACT OF EMPLOYMENT
DATED 28.02.2025
ANNEXURE 2 A TRUE COPY OF THE JUDGMENT IN CRL. MC NO.
1704/2025 OF THIS HON'BLE COURT DATED 29.05.2025
ANNEXURE 3 A TRUE COPY OF THE COMMON ORDER IN CMP NO.
2536/2025 IN CC NO. 46/2018 DATED 16.06.2025 OF
THE CHIEF JUDICIAL MAGISTRATE COURT, KOTTAYAM
ANNEXURE 4 A TRUE COPY OF THE PETITION FILED IN CMP NO.
2619/2025 IN CC NO. 46/2018 ON THE FILES OF CHIEF
JUDICIAL MAGISTRATE COURT, KOTTAYAM
ANNEXURE 5 A TRUE COPY OF THE ORDER IN CMP NO. 2619/2025 IN
CC NO. 46/2018 DATED 26.06.2025 OF CHIEF JUDICIAL
MAGISTRATE COURT, KOTTAYAM
ANNEXURE A6 A TRUE COPY OF THE PROCEEDINGS IN CC NO. 46/2018,
PENDING ON THE FILES OF THE CHIEF JUDICIAL
MAGISTRATE COURT, KOTTAYAM
TRUE COPY
P.A. TO JUDGE
