Kerala High Court
Sree Gokulam Chit And Finance Company ... vs State Of Kerala Rep. By Its Secretary To ... on 1 August, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945
WP(CRL.) NO. 680 OF 2023
PETITIONER:
SREE GOKULAM CHIT AND FINANCE COMPANY PVT. LTD
HAVING CORPORATE OFFICE AT NO.66 ARCOT ROAD,
CHENNAI-24 REP. BY ITS AUTHORISED OFFICER:
K.M.LOHITHAKSHAN, DIVISIONAL BUSINESS MANAGER,
PIN - 600024
BY ADVS.
MAHESH V RAMAKRISHNAN
PRAVEEN K.S.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT
HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE CHIEF JUDICIAL MAGISTRATE,
COURT OF THE CHIEF JUDICIAL MAGISTRATE
PALAKKAD, PIN - 678010
3 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF,
CIVIL STATION, PALAKKAD, PIN - 678001
4 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF
23RP, UP HILL, MALAPPURAM, PIN - 676505
5 THE DISTRICT POLICE CHIEF,
OFFICE OF THE DISTRICT POLICE CHIEF
RAMAVARMAPURAM ROAD,MANNARKAD
THRISSUR, PIN - 680009
SRI.M.P.PRASANTH, PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 680 OF 2023
2
JUDGMENT
Dated this the 1st day of August, 2023 This Writ Petition (Criminal) has been filed under Article 226 of the Constitution of India and the prayers herein are as follows:
"(a) Issue a writ of mandamus or other appropriate writ, order or direction directing the 3 rd respondent to execute conviction warrants, including Exts.P1 to P12 and along with the other cases mentioned in Para-3 of this Writ Petition, Exts.P13 to P15 which are non-bailable warrants issued in pending trial cases, issued by the concerned competent Magistrate Courts, in accordance with the relevant provisions of the Code of Criminal Procedure, 1973 forthwith and without any delay and within a time frame as may be fixed by this Hon'ble Court:
(b) Issue a writ of mandamus or other appropriate writ, order or direction directing the 4th respondent to execute non-
bailable warrants, including Exts.P17 and P18 which are issued by the concerned competent Magistrate Courts, in the trial pending cases, in accordance with the relevant provisions of the Code of Criminal Procedure, 1973 forthwith and without any delay and within a time frame as may be fixed by this Hon'ble Court:
(c) Issue a writ of mandamus or other appropriate writ, order or direction directing the 5th respondent to execute non-
bailable warrant, including Exts.P16 herein which are issued by the concerned competent Magistrate Courts, in pending cases, in accordance with the relevant provisions of the Code of Ciminal Procedure, 1973 forthwith and without any delay and within a time frame as may be fixed by this Honble Court:
(d) Grant such other reliefs that this Hon'ble Court deem fit to grant under the facts and circumstances of the case."
WP(CRL.) NO. 680 OF 2023 3
2. At the time of hearing, the learned counsel for the petitioner placed details of 23 cases wherein execution warrant as well as warrant to secure the presence of the accused for trial are pending against the accused persons in the respective prosecutions launched by the complainant. The same are extracted as under:
Sl. Accused Case No. Court Police District Nature of No Station Police Warrant .
1 Sivaprasad CC No. JFCM II, Kongad Palakkad Conviction
46/2011 Palakkad
2 Ramesh G ST No. JFCM III, Town South Palakkad Conviction
3862/2008 Palakkad
3 P.S.Nandakishore ST No. JFCM III, Town North Palakkad Conviction
368/2006 Palakkad
4 Murali K.V. ST No. JFCM V, Ottappalam Palakkad Conviction
79/2018 Palakkad
5 Manikandan CC No. JFCM II, Town North Palakkad Conviction
115/2010 Palakkad
6 Balachandran ST No. JFCM IV, Ottappalam Palakkad Conviction
C.P. 18/2018 Palakkad
7 Anish P ST No. JFCM IV, Mannarkkad Palakkad Conviction
28/2018 Palakkad
8 Santhosh M ST No. JFCM I, Town North Palakkad Conviction
1421/2009 Palakkad
9 Veerankutty CC No. JFCM II, Ottappalam Palakkad Conviction
375 /2011 Palakkad
10 Divya Sudheer ST No. JFCM V, Mannarkkad Palakkad Conviction
47/2018 Palakkad
11 Vijayan CC No. JFCM II, Town North Palakkad Conviction
612/2010 Palakkad
12 Madhusoodhanan CC No. JFCM III, Town North Palakkad Conviction
K 616/2019 Palakkad
WP(CRL.) NO. 680 OF 2023
4
Sl. Accused Case No. Court Police District Nature of
No Station Police Warrant
.
13 Sivan N ST No. JFCM IV, Town North Palakkad NBW
4/2018 Palakkad
14 Latha R CC No. JFCM III, Town North Palakkad NBW
628/2020 Palakkad
15 Baby Nandini CC No. JFCM I, Cherpulsser Palakkad NBW
1442/2020 Palakkad y
16 Gireeshkumar CC No. JFCM I, Cheruthurut Trissur NBW
T.V. 259/2019 Palakkad hi
17 Faisal K CC No. JFCM I, Parappanan Malappuram NBW
179/2021 Palakkad gadi
18 Musthafa CC No. JFCM I, Tirur Malappuram NBW
876/2021 Palakkad
19 Lokanathan ST No. JFCM I, Town South Palakkad Conviction
1557/2009 Palakkad
20 Sudheer ST No. JFCM IV, Mannarkkad Palakkad Conviction
Parakottil 33/2017 Palakkad
21 Prasannakumari ST No. JFCM IV, Vadakkanch Palakkad Conviction
264/2016 Palakkad ery
22 Mohammed ST No. JFCM V, Town South Palakkad NBW
Yousepn 80/2019 Palakkad
23 Noushad Khan LP No. CJM IV, Town South Palakkad LP
80/2018 Palakkad
Therefore, there shall be a direction to the courts concerned to effectively ensure the execution of warrants in the above cases in accordance with law to address the grievance of the petitioner and the petitioner is directed to aid the police to execute the warrants.
Registry is directed to forward a copy of this judgment to WP(CRL.) NO. 680 OF 2023 5 the courts concerned and also to the Superintendent of Police of the respective Districts for information and compliance.
Sd/-
A. BADHARUDEEN JUDGE nkr WP(CRL.) NO. 680 OF 2023 6 APPENDIX OF WP(CRL.) 680/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE WARRANT OF ARREST DATED 08-12-2022 ISSUED BY THE JFCM II, PALAKKAD IN CC NO 46 OF 2011 TO ACCUSED NO.1 SIVAPRASAD Exhibit P2 TRUE COPY OF THE WARRANT OF ARREST DATED 07-12-2022 ISSUED BY THE JFCM III, PALAKKAD IN ST NO 3862 OF 2008 TO THE ACCUSED NO.1 RAMESH.G Exhibit P3 TRUE COPY OF THE WARRANT OF ARREST DATED 19-01-2023 ISSUED BY THE JFCM III, PALAKKAD IN ST NO 368 OF 2006 TO ACCUSED NO.1 P.S NANDAKISHORE Exhibit P4 TRUE COPY OF THE WARRANT OF ARREST DATED 18-01-2023 ISSUED BY THE JFCM V, PALAKKAD IN ST NO 79 OF 2018 TO ACCUSED NO.1 MURALI Exhibit P5 TRUE COPY OF THE WARRANT OF ARREST DATED 07-01-2023 ISSUED BY THE JFCM II, PALAKKAD IN CC NO 115 OF 2010 TO THE ACCUSED NO.1 MANIKANDAN Exhibit P6 TRUE COPY OF THE WARRANT OF ARREST DATED 07-12-2022 ISSUED BY THE LEARNED MAGISTRATE JFCM IV, PALAKKAD IN ST NO 18 OF 2018 TO ACCUSED NO.1 BALACHANDRAN C.P Exhibit P7 TRUE COPY OF THE WARRANT OF ARREST DATED 07-12-2022 ISSUED BY THE JFCM IV, PALAKKAD IN ST NO 28 OF 2018 TO ACCUSED NO.1 ANISH P Exhibit P8 TRUE COPY OF THE WARRANT OF ARREST DATED 13-09-2022 ISSUED BY THE JFCM I, PALAKKAD IN ST NO 1421 OF 2009 TO ACCUSED NO.1 SANTHOSH.M Exhibit P9 TRUE COPY OF THE WARRANT OF ARREST DATED 15-05-2023 ISSUED BY THE JFCM II, PALAKKAD IN CC NO 375 OF 2011 TO ACCUSED NO.1 VEERANKUTTY Exhibit P10 TRUE COPY OF THE WARRANT OF ARREST DATED 24-01-2023 ISSUED BY THE JFCM V, WP(CRL.) NO. 680 OF 2023 7 PALAKKAD IN ST NO 47 OF 2018 TO ACCUSED NO.1, DIVYA SUDHEER Exhibit P11 TRUE COPY OF THE WARRANT OF ARREST DATED 24-05-2023 ISSUED BY THE JFCM II, PALAKKAD IN CC NO 612 OF 2010 TO ACCUSED NO.1, VIJAYAN Exhibit P12 TRUE COPY OF THE WARRANT OF ARREST DATED 24-05-2023 ISSUED BY THE LEARNED MAGISTRATE JFCM III, PALAKKAD IN CC NO 616 OF 2019 TO ACCUSED NO.1, MADHUSOODHANAN Exhibit P13 TRUE COPY OF THE WARRANT OF ARREST DATED 03-01-2023 ISSUED BY THE JFCM IV, PALAKKAD IN ST NO 4 OF 2018 TO ACCUSED NO.1, SIVAN N Exhibit P14 TRUE COPY OF THE WARRANT OF ARREST DATED 24-05-2023 ISSUED BY THE LEARNED MAGISTRATE JFCM III, PALAKKAD IN CC NO 628 OF 2020 TO ACCUSED NO.1, LATHA R Exhibit P15 TRUE COPY OF THE WARRANT OF ARREST DATED 17-02-2023 ISSUED BY THE JFCM I, PALAKKAD IN CC NO 1442 OF 2020 TO ACCUSED NO.1, BABY NANDINI Exhibit P16 TRUE COPY OF THE WARRANT OF ARREST DATED 06-10-2022 ISSUED BY THE JFCM I, PALAKKAD IN CC NO 259 OF 2019 TO ACCUSED NO.1, GIREESHKUMAR T,V Exhibit P17 TRUE COPY OF THE WARRANT OF ARREST DATED 24-02-2023 ISSUED BY THE LEARNED MAGISTRATE JFCM I, PALAKKAD IN CC NO 179 OF 2021 TO ACCUSED NO.1, FAISAL K Exhibit P18 TRUE COPY OF THE WARRANT OF ARREST DATED 24-02-2023 ISSUED BY THE LEARNED MAGISTRATE JFCM I, PALAKKAD IN CC NO 876 OF 2021 TO ACCUSED NO.1, MUSTHAFA Exhibit P19 TRUE COPY OF THE INTERIM ORDER DATED 11-10-2022 IN WP CRL.887/2022 Exhibit P20 TRUE COPY OF THE JUDGMENT DATED 25-10- 2022 IN WP(CRL) NO.887/2022 OF THIS HON'BLE COURT RESPONDENT'S EXHIBITS : NIL