Kerala High Court
Anil Kumar G vs The State Of Kerala on 26 July, 2017
Author: B. Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
WEDNESDAY, THE 26TH DAY OF JULY 2017/4TH SRAVANA, 1939
Crl.MC.No. 305 of 2016 ()
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CC 218/2015 of JUDICIAL FIRST CLASS MAGIST. COURT, CHOTTANIKKARA
(TEMPORARY)
CRIME NO. 238/2015 OF CHOTTANIKKARA POLICE STATION, ERNAKULAM
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PETITIONER(S)/PETITIONER:
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ANIL KUMAR G
S/O.N GOPINATHA KAIMAL, ARAKKAL HOUSE,
AROOR VILLAGE AND MURI, CHERTHALA TALUK,
ALAPPUZHA DISTRICT 688534(COMMERCIAL TAX OFFICER(WORKS
CONTRACT)OFFICE OF THE DEPUTY COMMISSIONER,
CLASS TOWER, OLD RAILWAY STATION ROAD, ERNAKULAM,
KOCHI 682018)
BY ADVS.DR.V.N.SANKARJEE
SRI.V.N.MADHUSUDANAN
SRI.S.SIDHARDHAN
SMT.R.UDAYA JYOTHI
SRI.PRATHAP. S.R.K.
SMT.M.SUSEELA
RESPONDENT(S)/RESPONDENTS:
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1. THE STATE OF KERALA
REP BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM
2. THE SUB INSPECTOR OF POLICE
CHOTTANIKKARA POLICE STATION,CHOTTANIKKARA 682312
3. SURESH ALIAS IRINGOL SURESH
S/O.PRABHAKARAN, SOUPARNIKA HOUSE, NEAR ONAKUTTICHIRA,
CHOTTANIKKARA 682312
4. PUSHPA SURESH
W/O.SURESH, SOUPARNIKA HOUSE,NEAR ONAKUTTICHIRA,
CHOTTANIKKARA 682312
R3&4 BY ADV. SRI.T.K.RAJESHKUMAR
R3&4 BY ADV. SMT.T.N.BINDU
R1 TO R2 BY PUBLIC PROSECUTOR SRI.C.K.PRASAD
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
26-07-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 305 of 2016 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE 1:- TRUE COPY OF THE PLAINT IN OP (INDIGENT)NO 11/2015
BEFORE THE PRINCIPAL SUB COURT, ERNAKULAM
ANNEXURE II:- TRUE COPY OF THE COMPLAINT DTD 19/10/2014 LODGED BY
THE IST ACCUSED BEFORE BY THE 2ND RESPONDENT WITH
ACKNOWLEDGEMENT THEREOF
ANNEXURE III:- TRUE COPY OF THE COMPLAINT PREFERRED BY THE IST
ACCUSED AS CMP NO 282/14 BEFORE THE HONOURABLE
JUDICIAL FIRST CLASS MAGISTRATES COURT,
CHOTTANIKKARA
ANNEXURE IV:- TRUE COPY OF THE FIR IN CRIME NO 1051/14 OF THE 2ND
RESPONDENT
ANNEXURE V:- TRUE COPY OF THE COMPLAINT SUBMITTED BEFORE THE
SUPERINTENDENT OF POLICE(RURAL)ALUVA AND ITS
RECEIPT DTD 29/4/2015
ANNEXURE VI:- TRUE COPY OF CMP NO 349/2015 WITH THE FINAL REPORT
IN CRIME NO 238/2015 FILED BY THE 2ND RESPONDENT
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
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Crl.M.C. No.305 of 2016
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Dated this the 26th day of July, 2017
O R D E R
The petitioner is the third accused in C.C.No.218/2015 on the files of the court below. The offences alleged are the offences under Sections 323, 341, 441, 447, 509 and 294(b) r/w Section 34 IPC. The above case is a warrant trial case. Therefore, the petitioner is having right and opportunity to raise all his contentions before the court below and plead for discharge under Section 239 Cr.P.C. For the said reason, I am not inclined to entertain this Crl.M.C.
2. In the result, this Crl.M.C. stands closed. However, the petitioner shall be granted exemption from personal appearance before the court below on all posting dates, except on dates when his presence is necessary for the progress of the case, if the petitioner files application in this regard before the court below after his Crl.M.C. No.305 of 2016 -: 2 :- appearance in person before the court within one month.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE STK //TRUE COPY// //P.A. TO JUDGE// /