Kerala High Court
M/S Heera Construction Company Private ... vs State Of Kerala on 10 December, 2019
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941
Crl.MC.No.8794 OF 2019(H)
AGAINST THE ORDER/JUDGMENT IN CC 98/2019 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONERS/ACCUSED 1 TO 6:
1 M/S HEERA CONSTRUCTION COMPANY PRIVATE LIMITED,
HEERA PARK, M.P.AYYAPPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
2 ABDUL A RASHEED
MANAGING DIRECTOR, HEERA CONSTRUCTION COMPANY PVT.
LTD., PLAVILA HOUSE, PARANODU.P.O.,
THIRUVANANTHAPURAM-695542.
3 SUNITHA ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD., 273,
SUNNYSIDE, 11, NANTHANCODE, THIRUVANANTHAPURAM-
695003.
4 SUBIN ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD., 273,
SUNNYSIDE, KESTON ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
5 SURMI ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD., 273,
SUNNYSIDE, KESTON ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
6 RESWIN ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD.,
T.C.5/235-7, CITADEL, GOLFLINKS ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
BY ADV. SRI.SERGI JOSEPH THOMAS
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
Crl.MC.Nos.8794,8795 & 8809 OF 2019 2
2 IFCI LIMITED,
HAVING ITS HEAD OFFICE AT 1ST FLOOR, 39/5165,
KRISHNA EMPIRE, MAIN AVENUE, PANAMPILLY NAGAR,
KOCHI-682036, THROUGH ITS AUTHORISED REPRESENTATIVE
MR.P.G.JAYASHANKAR.
SRI C N PRABHAKARAN SR PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.12.2019, ALONG WITH Crl.MC.8795/2019(H), Crl.MC.8809/2019(A),
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos.8794,8795 & 8809 OF 2019 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941
Crl.MC.No.8795 OF 2019(H)
AGAINST THE ORDER/JUDGMENT IN ST 415/2018 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONERS/ACCUSED 1 TO 6:
1 M/S HEERA CONSTRUCTION COMPANY PRIVATE LIMITED,
HEERA PARK, M.P.AYYAPPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
2 ABDUL A RASHEED
MANAGING DIRECTOR, HEERA CONSTRUCTION COMPANY PVT.
LTD., PLAVILA HOUSE, PARANODU.P.O.,
THIRUVANANTHAPURAM-695542.
3 SUNITHA ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD.,
273, SUNNYSIDE, 11, NANTHANCODE,
THIRUVANANTHAPURAM-695003.
4 SUBIN ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD.,
273, SUNNYSIDE, KESTON ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
5 SURMI ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD.,
273, SUNNYSIDE, KESTON ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
6 RESWIN ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD.,
T.C.5/235-7, CITADEL, GOLFLINKS ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
BY ADV. SRI.SERGI JOSEPH THOMAS
Crl.MC.Nos.8794,8795 & 8809 OF 2019 4
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 IFCI LIMITED,
HAVING ITS HEAD OFFICE AT 1ST FLOOR, 39/5165,
KRISHNA EMPIRE, MAIN AVENUE, PANAMPILLY NAGAR,
KOCHI-682036, THROUGH ITS AUTHORISED REPRESENTATIVE
MR.P.G.JAYASHANKAR.
SRI C K PRASAD-PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.12.2019, ALONG WITH Crl.MC.8794/2019(H), Crl.MC.8809/2019(A),
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos.8794,8795 & 8809 OF 2019 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
TUESDAY, THE 10TH DAY OF DECEMBER 2019 / 19TH AGRAHAYANA, 1941
Crl.MC.No.8809 OF 2019(A)
AGAINST THE ORDER/JUDGMENT IN CC 97/2019 OF ADDITIONAL CHIEF
JUDICIAL MAGISTRATE , ERNAKULAM
PETITIONERS/ACCUSED 1 TO 6:
1 M/S.HEERA CONSTRUCTION COMPANY PRIVATE LIMITED,
HEERA PARK, M.P.AYYAPPAN ROAD, VAZHUTHACAUD,
THIRUVANANTHAPURAM-695014.
2 ABDUL A RASHEED
MANAGING DIRECTOR, HEERA CONSTRUCTION COMPANY PVT.
LTD., PLAVILA HOUSE, PARANODU.P.O.,
THIRUVANANTHAPURAM-695542.
3 SUNITHA ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD.,
273, SUNNYSIDE, 11, NANTHANCODE,
THIRUVANANTHAPURAM-695003.
4 SUBIN ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD.,
273, SUNNYSIDE, KESTON ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
5 SURMI ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD.,
273, SUNNYSIDE, KESTON ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
6 RESWIN ABDUL RASHEED
DIRECTOR, HEERA CONSTRUCTION COMPANY PVT. LTD.,
T.C.5/235-7, CITADEL, GOLFLINKS ROAD, KOWDIAR.P.O.,
THIRUVANANTHAPURAM-695003.
BY ADV. SRI.SERGI JOSEPH THOMAS
Crl.MC.Nos.8794,8795 & 8809 OF 2019 6
RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682031.
2 IFCI LIMITED,
HAVING ITS HEAD OFFICE AT 1ST FLOOR, 39/5165,
KRISHNA EMPIRE, MAIN AVENUE, PANAMPILLY NAGAR,
KOCHI-682036, THROUGH ITS AUTHORISED REPRESENTATIVE
MR.P.G.JAYASHANKAR.
SRI C K PRASAD-PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.12.2019, ALONG WITH Crl.MC.8794/2019(H), Crl.MC.8795/2019(H),
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.Nos.8794,8795 & 8809 OF 2019 7
O R D E R
The petitioners are the accused in the cases C.C.No.97/2019, C.C.No.98/2019 and S.T.No.415/2018 on the file of the Court of the Additional Chief Judicial Magistrate, Ernakulam.
2. The offence alleged against the petitioners is under Section 138 of the Negotiable Instruments Act. After closing the evidence of the complainant, the cases were posted to 26.10.2019 for examination of the petitioners/accused under Section 313 Cr.P.C. The petitioners did not appear before the court on that date. There was also no representation for the petitioners in the court below on that date. No application was also filed by them to excuse their absence in the court on that date. Therefore, the court below issued bailable warrant against the petitioners and posted the case to 05.11.2019.
3. On 05.11.2019, the petitioners filed an application to recall the warrant without appearing before the court below and it was dismissed by the learned Crl.MC.Nos.8794,8795 & 8809 OF 2019 8 Magistrate and bailable warrant was again ordered and the case was posted to 11.11.2019. On 11.11.2019 also, the accused did not appear before the court below and the trial court issued non-bailable warrant against them and posted the case to 30.11.2019. The warrant against the petitioners could not be executed and the case was posted to 16.12.2019.
4. Learned counsel for the petitioners submits that the petitioners are ready to surrender before the court below on 16.12.2019 and they are also ready to produce new sureties and take bail on that day.
5. Considering the submission made by the learned counsel for the petitioners as above, I find that it is only proper to direct the court below to permit the petitioners to surrender before the court on 16.12.2019 and to pass appropriate orders on merits on the bail application, if any, which may be filed by them, on that day itself.
6. In the result, the petitions are disposed of as follows: The petitioners are permitted to surrender before Crl.MC.Nos.8794,8795 & 8809 OF 2019 9 the court below on 16.12.2019 and to seek fresh bail in the cases. If the petitioners file any bail application in the cases on that day, the learned Magistrate shall consider the same and pass appropriate orders thereon, on that day itself. The execution of the non-bailable warrants issued against the petitioners shall be kept in abeyance till 16.12.2019.
Sd/-
R. NARAYANA PISHARADI JUDGE LEK Crl.MC.Nos.8794,8795 & 8809 OF 2019 10 APPENDIX OF Crl.MC 8794/2019 PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF PROCEEDINGS IN C.C.NO.98/2019 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM OBTAINED FROM THE COURT WEBSITE.Crl.MC.Nos.8794,8795 & 8809 OF 2019 11 APPENDIX OF Crl.MC 8795/2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF PROCEEDINGS IN S.T.NO.415/2018 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM OBTAINED FROM THE COURT WEBSITE.Crl.MC.Nos.8794,8795 & 8809 OF 2019 12 APPENDIX OF Crl.MC 8809/2019
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF PROCEEDINGS IN C.C.NO.97/2019 ON THE FILE OF THE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM OBTAINED FROM THE COURT WEBSITE.