Kerala High Court
Ninan Jacob Thayyil vs State Of Kerala on 4 September, 1999
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 26TH DAY OF MAY 2016/5TH JYAISHTA, 1938
Crl.MC.No. 3131 of 2016 ()
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CC. NO.534/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, ALAPPUZHA.
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PETITIONERS/ACCUSED NO.1 & 2:
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1. NINAN JACOB THAYYIL, AGED:44 YEARS,
H. NO. B 46, RAJENDRA NAGAR,
NOW RESIDING AT K.NO. 258/659,
WEST END MARG, SAIDULAJUB,
NEW DELHI-30.
2. JAMES JACOB THAYYIL, AGED:49 YEARS,
H. NO. B 186, RAJENDRA NAGAR,
NOW RESIDING AT K.NO. 258/659,
WEST END MARG, SAIDULAJUB,
NEW DELHI-30.
BY ADVS. SRI.VELLAYANI SUNDARARAJU,
SMT.P.MEENAKUMARI.
RESPONDENT/COMPLAINANT:
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STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031.
BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26-05-2016, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
rs.
Crl.MC.No. 3131 of 2016
APPENDIX
PETITIONER'S ANNEXURES:-
ANNEX. A TRUE COPY OF GUARANTEE LETTER 3RD ACCUSED TO THE
DEFACTO COMPLAINANT OF C.C. 534/2010 DATED 04/09/1999.
ANNEX. B COPY OF THE WRITTEN ARGUMENT NOTE SUBMITTED BY
VELLAYANI SUNDARARAJU FOR AND ON BEHALF OF
ACCUSED NOS. 1 AND 2 IN C.C. NO.534/2010
DATED 28/03/2016.
ANNEX. C COPY OF THE PETITION FOR LEAVE OF ABSENCE OF
ACCUSED 1 AND 2 IN C.C. NO.534/2010 DATED 21/04/2016.
ANNEX. D1 COPY OF THE MEDICAL CERTIFICATE ISSUED TO A1 AND A2
BY DR.SUNIL DUA, MAYUR VIHAR, NEW DELHI-96
DATED 20/05/2016.
ANNEX. D2 COPY OF THE MEDICAL CERTIFICATE ISSUED BY
DR.SUNIL DUA, MAYUR VIHAR, DATED 20/05/2016.
RESPONDENT'S ANNEXURES:- NIL.
//TRUE COPY//
P.S.TO JUDGE
rs.
RAJA VIJAYARAGHAVAN V., J.
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Crl.M.C. No.3131 of 2016
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Dated this the 26th day of May, 2016
O R D E R
The petitioners herein are accused Nos. 1 & 2 in C. C. No. 534/2010 on the files of the Judicial Magistrate of First Class-I, Alappuzha.
2. It is submitted by the learned counsel for the petitioners that the prosecution evidence was completed in the above case and incriminating materials were put to the accused under section 313 of the Code of Criminal Procedure. Later, the matter was heard and the petitioners had submitted Annexure-B notes of argument. Relying on Annexure D 1 and D2 medical certificates ,it is submitted that the petitioners were laid up and were not able to present themselves before court.
3. The petitioners are residents of Delhi and though Annexure-C application was submitted by the petitioners seeking exemption , the same was rejected. The limited prayer of the learned counsel is to issue a direction to the learned Crl.M.C. No.3131/2016 2 Magistrate to consider the application for recall of the warrant and to grant bail on the date of their appearance before Court.
4. This Court in exercise of powers under Section 482 of the Code of Criminal Procedure will not be justified in interfering with the discretion of the learned Magistrate in granting bail as it was owing to the lapses of the petitioners that warrant was ordered.
5. It is for the petitioners to approach the learned Magistrate and appraise the reasons for their absence and to seek for recalling the warrant and grant of bail. There is no reason to believe that the learned Magistrate shall not exercise his discretion judicially and in accordance with law , more so because all that remains is the passing of the judgment.
In the result, the petitioners are directed to surrender before the trial court within 2 weeks from the date of this order and prefer application for recalling the warrant and grant of bail with due notice to the learned Prosecutor concerned. The learned Magistrate is directed to consider and dispose of the said application, preferably on the same day itself, uninfluenced by the pendency of the warrant. Till then, coercive proceedings if Crl.M.C. No.3131/2016 3 any shall be kept in abeyance.
Crl.M.C is disposed of as above.
RAJA VIJAYARAGHAVAN V., (JUDGE) vps