[Cites 9, Cited by 0]
Kerala High Court
Shobi P. Joseph vs State Of Kerala on 12 February, 2026
Author: C.S.Dias
Bench: C.S.Dias
CRL.MC NO. 978 OF 2026 1
2026:KER:12892
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
THURSDAY, THE 12TH DAY OF FEBRUARY 2026 / 23RD MAGHA, 1947
CRL.MC NO. 978 OF 2026
CRIME NO.1378/2012 OF TOWN EAST POLICE STATION, THRISSUR
IN CC NO.109 OF 2019 OF CHIEF JUDICIAL
MAGISTRATE ,THRISSUR
PETITIONER/3RD ACCUSED:
SHOBI P. JOSEPH,
AGED 57 YEARS
S/O JOSEPH, PALISSERRY VEEDU, MOOSPET
ROAD,CHELLAKOTTUKARA, CHIYYARAM VILLAGE,
THRISSUR DISTRICT, PIN - 680026
BY ADV SMT.HYMA S.
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY STATION HOUSE OFFICER,
THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2 BABU TEECHAN,
MECHERY HOUSE, COICO ROAD, KURICHIRA P.O.,
THRISSUR DISTRICT, PIN - 680006
BY SRI.C.S.HRITHWIK, SR.PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.02.2026, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 978 OF 2026 2
2026:KER:12892
ORDER
Dated this the 12th day of February, 2026
The Criminal Miscellaneous Case is filed to quash
all further proceedings in C.C.No.109/2019 on the file of
the Court of the Chief Judicial Magistrate, Thrissur ('Trial
Court', in short) which has originated from Crime
No.1378/2012 registered by the Town East Police Station,
Thrissur.
2. The petitioner has filed the Crl.M.C on the
assertion that the 4th accused has been discharged of the
offences under Sections 420, 406, 414, 120B, 201 and 212
of the Indian Penal Code (IPC) and the 1 st accused has been
discharged of the offences under Sections 406, 414, 120B,
201 and 212 IPC. However, the offence against the 1 st
accused with respect to 420 IPC is attracted against him.
The petitioner is on the same footing as that of the 4th
accused. Therefore, the entire proceedings against the
petitioner may be quashed.
CRL.MC NO. 978 OF 2026 3
2026:KER:12892
3. I have heard the learned Counsel appearing
for the petitioner and the learned Senior Public Prosecutor.
4. The learned Senior Public Prosecutor on
instructions, submits that, the case against the petitioner
has been split up and there is a non-bailable warrant issued
against him and steps under Sections 82 and 83 Cr.P.C
have been initiated. The petitioner is still abroad.
Moreover, the petitioner cannot seek the benefit of
Annexure A9 order, which is only considered with respect
to accused 1 and 4. Hence, it would be upto the petitioner
to approach the Trial Court and file an application for
discharge and then get it considered on its merits.
5. Undisputably, the case against the petitioner
was split up, there is a non-bailable warrant issued against
him and steps under Sections 82 and 83 Cr.P.C are also
pending against him. Taking into consideration the fact
that there are coercive proceedings have been initiated
against the petitioner and that the accused 1 and 4 have
only been discharged of some of the offences alleged
against them, I am of the definite view that the petitioner
CRL.MC NO. 978 OF 2026 4
2026:KER:12892
cannot get the benefit of Annexure A9 order unless he
surrenders himself and subjects himself to the jurisdiction
of the Trial Court.
In the aforesaid circumstances, I dismiss the
Crl.M.C, but permit the petitioner to surrender before the
Trial Court within a week from today and file applications
to recall the non-bailable warrant issued against him and
enlarge him on bail, after serving advance copies on the
learned Public Prosecutor. If such applications are filed
within the stipulated time period, the Trial Court is directed
to consider and dispose the applications, in accordance
with law and as expeditiously as possible, preferably on the
very same day the petitioner surrenders before the Trial
Court. In order to enable the petitioner to surrender before
the Trial Court, coercive proceedings initiated against the
petitioner shall be kept in abeyance for a period of one
week from today. Sd/-
C.S.DIAS
JUDGE
NAB
2026:KER:12892
APPENDIX OF CRL.MC NO. 978 OF 2026
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE PETITION FILED BY CW1
BEFORE THE INSPECTOR GENERAL OF POLICE
DATED NI. WHICH WAS FORWARDED TO CITT EAST
FOR ENQUIRY ON 6.6.2012
ANNEXURE A2 TRUE COPY OF THE F.I.R. DATED 8.7.2012 IN
CRIME NO.1378/2012 OF THRISSUR TOWN EAST
POLICE STATION, THRISSUR DISTRICT ALONG
WITH F.I.S.
ANNEXURE A3 CERTIFIED COPY OF THE FINAL REPORT DATED
17.5.2012 TO 21.5.2012 IN C.C. NO.109/2019
ON THE FILE OF CHIEF JUDICIAL MAGISTRATE
COURT, THRISSUR ALONG WITH RELEVANT
DOCUMENTS
ANNEXURE A4 TRUE COPY OF THE YEARLY LETTER ISSUED TO
THE PETITIONER BY THE COMPANY NAMELY
JACKY'S ELECTRONIC LLC FROM 15TH FEBRUARY
ANNEXURE A5 TRUE COPY OF THE YEARLY LETTER ISSUED TO
THE PETITIONER BY THE COMPANY NAMELY
JACKY'S ELECTRONIC LLC FROM 1ST JANUARY
ANNEXURE A6 TRUE COPY OF THE YEARLY LETTER ISSUED TO
THE PETITIONER BY THE COMPANY NAMELY
JACKY'S ELECTRONIC LLC FROM 1ST APRIL 2011
ANNEXURE A7 TRUE COPY OF THE YEARLY LETTER ISSUED TO
THE PETITIONER BY THE COMPANY NAMELY
JACKY'S ELECTRONIC LLC FROM 1ST JUNE 2012
ANNEXURE A8 TRUE COPY OF THE REPORT
NO.B1-2430/RFSL/TSR/2015 DATED 22.4.2017
SENT BY THE JOINT DIRECTOR, REGIONAL
FORENSIC SCIENCE LABORATORY, THRISSUR TO
THE CHIEF JUDICIAL MAGISTRATE, THRISSUR
ANNEXURE A9 TRUE COPY OF THE ORDER DATED 23.8.2023 IN
CRL.M.P. NO.648/2022 & CRL.M.P.
NO.6668/2023 IN C.C. NO.109/2019 OF THE
CHIEF JUDICIAL MAGISTRATE COURT, THRISSUR
ANNEXURE A10 TRUE COPY OF THE ORDER DATED 29.1.2026 IN
CRL.M.APPL. NO.1/2023 IN CRL.R.P.
NO.1230/2023 OF THE HON'BLE HIGH COURT OF
KERALA
