Kerala High Court
Joby Thomas vs State Of Kerala on 28 December, 2013
Author: A.Hariprasad
Bench: A.Hariprasad
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.HARIPRASAD
TUESDAY,THE 3RD DAY OF OCTOBER 2017/11TH ASWINA, 1939
Crl.MC.No. 731 of 2015 ()
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IN CC 1250/2014 of J.M.F.C.-I,KOCHI
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PETITIONER(S):
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JOBY THOMAS
S/O.THOMAS PC, 39 YEARS OF AGE, POOTHOTHINGAL HOUSE, MANLINGAL
P.O., KOTTAYAM
BY ADVS.SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
SMT.D.S.THUSHARA
SRI.H.PRAVEEN (KOTTARAKARA)
RESPONDENT(S):
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STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
KOCHI-682031
R BY PUBLIC PROSECUTOR SRI.RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03-10-2017,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
AD
Crl.MC.No. 731 of 2015 ()
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APPENDIX
PETITIONER(S)' EXHIBITS
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ANNEXURE A1:TRUE COPY OF THE FINAL REPORT DATED 28.12.2013 FILED
BY THE POLICE BEFORE THE JFCM -1, KOCHI
RESPONDENT(S)' EXHIBITS
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NIL
//TRUE COPY//
P.A. TO JUDGE
AD
A.HARIPRASAD, J
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Crl.M.C. No.731 of 2015
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Dated this the 3rd day of October, 2017
ORDER
The petitioner is involved in Crime No.12371/2013 of City Traffic Police Station registered under Section 279 and 338 of IPC. The petitioner drove a motor car through a public road in a rash and negligent manner and dashed on the motor cycle causing injuries to the rider. Annexure A1 is the final report.
2. The learned counsel for the petitioner submitted that he expressed his willingness to plead guilty so that the matter could be disposed by the court below by imposing fine. It is his submission that the court insisted on his imprisonment. According to him, he did not rashly or negligently drive the car and he was not responsible for the accident. However that is a question to be decided at the time of trial.
3. Having expressed his willingness to plead guilty and to pay legally awardable fine, the court below should have considered his request.
4. In the result, this petition is allowed. If the petitioner has not already pleaded guilty, he is permitted to Crl.M.C. No.731 of 2015 2 appear before the court below on 06.11.2017 and plead guilty. In that event, the learned Magistrate shall consider his request for imposition of fine for the offences under Sections 279 and 338 of IPC. With these directions this Crl.M.C is disposed of.
SD/-
A.HARIPRASAD JUDGE AD/03/10/17