Kerala High Court
Elsamma vs State Of Kerala on 22 October, 2025
Author: C.S.Dias
Bench: C.S.Dias
2025:KER:78537
CRL.MC NO. 1612 OF 2021
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
WEDNESDAY, THE 22ND DAY OF OCTOBER 2025 / 30TH ASWINA, 1947
CRL.MC NO. 1612 OF 2021
CRIME NO.132/1988 OF Mannarkkad Police Station, Palakkad
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.565 OF 2005
OF I ADDITIONAL DISTRICT COURT & I ADDITIONAL MOTOR ACCIDENT
CLAIMS TRIBUNAL,PALAKKAD ARISING OUT OF THE ORDER/JUDGMENT
DATED IN CP NO.2 OF 1999 OF JUDICIAL MAGISTRATE OF FIRST
CLASS , MANNARKAD
PETITIONER/5TH ACCUSED:
ELSAMMA
AGED 60 YEARS
W/O LATE GEORGE JOSEPH @ VARKEYCHAN, CHERUSSERI
VEEDU, KANJIRAPUZHA.
BY ADVS.
SRI.R.BINDU (SASTHAMANGALAM)
SRI.PRASANTH M.P
RESPONDENTS/COMPLAINANT -STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT
OF KERALA, ERNAKULAM,PIN-682 031.
2025:KER:78537
CRL.MC NO. 1612 OF 2021
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OTHER PRESENT:
SR.PP.SMT.SEETHA S
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 22.10.2025, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
2025:KER:78537
CRL.MC NO. 1612 OF 2021
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C.S.DIAS,J.
====================
Crl. M.C.No.1612 of 2021
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Dated this the 22nd day of October, 2025
ORDER
The Crl.M.C. is filed to quash Annexure A final report and all further proceedings in L.P.No.133 of 2011 on the file of the Court of the Additional Sessions Judge- II, Palakkad, which is registered against the accused persons for allegedly committing the offences punishable under Section 489D read with Section 34 of the Indian Penal Code.
2. When the Crl.M.C. came up for consideration on 22.08.2022, this Court, taking into consideration the fact that the case is pending as L.P.No.133 of 2011, directed the petitioner to surrender before the learned Sessions Judge within two weeks from the date of order and move this Crl.M.C. 2025:KER:78537 CRL.MC NO. 1612 OF 2021 4
3. I have heard the learned Counsel for the petitioner and the learned Public Prosecutor.
4. The learned counsel for the petitioner submits that, since the petitioner is employed abroad, she could not comply with the order dated 22.08.2022.
Taking into consideration the fact that this Crl.M.C. is pending consideration before this Court for the last two years and that the petitioner has not complied with the interim order dated 22.08.2022, I am of the definite view that this Crl.M.C. is only to be closed, but, by reserving the right of the petitioner to move this Court again once she appears before the Court of Sessions and get herself enlarged on bail.
With the above observation, the Crl.M.C. is closed.
Sd/-
C.S.DIAS, JUDGE dkr 2025:KER:78537 CRL.MC NO. 1612 OF 2021 5 APPENDIX OF CRL.MC 1612/2021 PETITIONER ANNEXURES ANNEXURE A CERTIFIED COPY OF THE FINAL REPORT DATED 28.2.1998 ANNEXURE B CERTIFIED COPY OF THE JUDGMENT PASSED BY THE COURT OF THE 1ST ADDITIONAL SESSIONS JUDGE, PALAKKAD IN SESSIONS CASE NO 565/2005 DATED 14.10.2010 ANNEXURE C TRUE PHOTOCOPY OF THE DEATH CERTIFICATE DATED 30.4.2015