Kerala High Court
Shajimon P vs State Of Kerala on 15 October, 2020
Author: P.Somarajan
Bench: P.Somarajan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942
Crl.MC.No.2075 OF 2017
AGAINST THE ORDER/JUDGMENT IN CC 1770/2016 OF JUDICIAL MAGISTRATE
OF FIRST CLASS, KOTTAYAM
CRIME NO.753/2016 OF AYARKUNNAM POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED NOS.1 & 2:
1 SHAJIMON P
AGED 47 YEARS, S/O. PARAMESWARAN,CHENNOTH HOUSE,
PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM
VILLAGE,KOTTAYAM DISTRICT.
2 RAJIMOL
AGED 41 YEARS, W/O. SHAJIMON P.,CHENNOTH HOUSE,
PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM
VILLAGE,KOTTAYAM DISTRICT.
BY ADVS.
SRI.ALEX GEORGE
SRI.GEORGE ZACHARIAH ERUTHICKEL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF
KERALA - 682 031.
2 MR.SIJIN THOMAS
AGED 33 YEARS, S/O. A.J.THOMAS,ARANGATHU HOUSE,
PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM
VILLAGE,KOTTAYAM DISTRICT - 686 564.
3 MR.MANOJ
AGED 37 YEARS, S/O. SREEDHARAN,PAREKKATTIL HOUSE,
PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM
VILLAGE,KOTTAYAM DISTRICT - 686 564.
4 MR.AJESH K.A
AGED 33 YEARS, S/O. ANIYAN,KALAPPURACKAL HOUSE,
PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM
VILLAGE,KOTTAYAM DISTRICT - 686 564.
Crl.MC.No.2075 OF 2017 2
5 MR.DHEERAJ
AGED 33 YEARS, S/O. BALAKRISHNAN,THURUTHUMALIYIL
HOUSE, PAREKKADU BHAGOM,ARUMANOOR KARA,
AYARKUNNAM VILLAGE,KOTTAYAM DISTRICT - 686 564.
R1 BY ADV. SRI.P.M.MANOJ KANNUR
R1 BY ADV. SRI.K.V.VINOD
R2 BY ADV. SRI.P.M.MANOJ (KANNUR)
PUBLIC PROSECUTOR.SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
15.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2075 OF 2017 3
ORDER
The accused No. 1 and 2 came up to quash Annexure A2 FIR and A4 Final Report on the ground that it is only a counter blast. Earlier, another crime was registered on 3.7.2016 (Anneuxre A1) against the defacto complainant and others. It is after almost two months, on 28.9.2016, the present crime was registered alleging offence under Section 323, 294 (b) and 34 IPC. The accused No. 1 and 2 are husband and wife employed abroad. Since they were absent, non-bailable warrant was issued against them by the learned Magistrate.
2. Issuance of non-bailable warrant against the accused No. 1 and 2 would not itself take away the right to get bail on showing sufficient reason on account of their Crl.MC.No.2075 OF 2017 4 employment abroad. The court can also take notice of the present restrictions in connection with on going pandemic COVID. It is submitted that the accused No. 1 and 2 will make arrangements to come over to their native place so as to appear before the concerned Magistrate. Hence it is fit and proper to grant six months time to accused No. 1 and 2 to appear before the concerned Magistrate. Till that time, no coercive steps shall be executed against them. In so far as the prayer for quashing the final report, no sufficient reason brought to the notice of this Court.
Crl.M.C. is dismissed, with the above said direction.
Sd/-
P.SOMARAJAN JUDGE msp Crl.MC.No.2075 OF 2017 5 APPENDIX PETITIONER'S/S EXHIBITS:
ANNEXURE A1 CERTIFIED COPY OF THE FIR NO. 0482/16 DATED 04.07.2016.
ANNEXURE A2 CERTIFIED COPY OF THE FIR NO. 753/16 DATED 28.9.2016.
ANNEXURE A3 CERTIFIED COPY OF THE CHARGES IN CC 957/2016.
ANNEXURE A4 CERTIFIED COPY OF THE CHARGES IN CC 1770/2016.
ANNEXURE A5 COPY OF THE 1ST PETITIONER'S PASSPORT NO. J 7414925.
ANNEXURE A6 COPY OF THE 2ND PETITIONER'S PASSPORT NO. H 4591091.
ANNEXURE A7 PHOTOGRAPHS (4 NOS.) FROM THE CCTV RESPONDENTS EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE