Stanly Simon vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 20, 2024

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Citation: sooperkanoon.com/1309958
Court: Kerala High Court
Judge: Honourable Mr. Justice Bechu Kurian Thomas
Decided On: Feb 20, 2024
Case Number: Crl.MC/1614/2024

Parties & Advocates

Appellant / Petitioner

Stanly Simon

Respondent

State of Kerala

Excerpt

.....5 in c.c.no.161/2012 on the files of the chief judicial magistrate court, pathanamthitta, arising out of crime no.510/2011 of pathanamthitta police station, alleging offences punishable under sections 406 and 420 r/w section 34 of the indian penal code, 1860 apart from sections 10 and 24 of the emigration act, 1983.2. the prosecution allegation is that, nine accused persons hadcheated witnesses 2 to 4 by promising to provide them employment after collecting money, and thereafter failed to arrange the visas and also refused to return the money, and thereby committed the offences alleged.3. petitioners’ applications for dispensing with their personalpresence, filed under section 205 of cr.p.c, have been dismissed by the learned chief judicial magistrate, as per annexure-a4 and annexure-a5 orders. the reason for dismissal was stated to be the pendency of non-bailable warrants issued against them.4. the pendency of a non bailable warrant by itself is not areason to deny the request for personal exemption. however, the learned magistrate has given specific reasons for not allowing the exemption applications of the petitioners especially when non bailable warrants are pending. i am of the view that there is no perversity in the impugned orders, which warrants interference under section 482 of cr.p.c.5. in this context, this court is aware that petitioners weregranted personal exemption in 30 other cases, and they are appearing through the counsel in those cases. this court also notices that, in five cases, the learned magistrate has refused to grant personal exemption. no reasons have also been stated by petitioners for seeking personal exemption, except that the first petitioner is suffering from throat cancer, based on the certificates issued in 2020 and february 2023. however, there is nothing to indicate that the said illness continues even now, to the extent to disable the first petitioner from appearing incourt. therefore, i am not satisfied that the impugned.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS TUESDAY, THE 20TH DAY OF FEBRUARY 2024 / 1ST PHALGUNA, CRIME NO.510/2011 OF PATHANAMTHITTA POLICE STATION, PATHANAMTHITTA AGAINST THE ORDER/JUDGMENT CC 161/2012 OF CHIEF JUDICIAL MAGISTRATE PATHANAMTHITTA PETITIONERS/PETITIONERS/ACCUSED 1 & 2: 1 STANLY SIMON, AGED 37 YEARS S/O SIMON C. THOMAS, ASSANPARAMBIL HOUSE, PAZHAMPALAKKAD MURI, PAZHAMPALAKKAD VILLAGE, THAROOR-1, ALATHOOR TALUK, PALAKKADU DISTRICT, PIN - 678 544. 2 ZEENATH STANLY, AGED 42 YEARS W/O STANLY SIMON, ASSANPARAMBIL HOUSE, PAZHAMPALAKKAD MURI, PAZHAMPALAKKAD VILLAGE, THAROOR-1, ALATHOOR TALUK, PALAKKADU DISTRICT, PIN - 678 544. BY ADVS. K.N.RADHAKRISHNAN(THIRUVALLA) AMRUTHA KALYANI P.
RESPONDENT/RESPONDENT : STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682 031. SRI. MC. ASHI (PP) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20.02.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BECHU KURIAN THOMAS, J ......…............................................. Crl.M.C.No.1614 of 2024 …................................................ Dated this the 20th day of February, 2024

ORDER

Petitioners are accused Nos. 1 and 5 in C.C.No.161/2012 on the files of the Chief Judicial Magistrate Court, Pathanamthitta, arising out of Crime No.510/2011 of Pathanamthitta Police Station, alleging offences punishable under Sections 406 and 420 r/w Section 34 of the Indian Penal Code, 1860 apart from Sections 10 and 24 of the Emigration Act, 1983.

2. The prosecution allegation is that, nine accused persons had

cheated witnesses 2 to 4 by promising to provide them employment after collecting money, and thereafter failed to arrange the visas and also refused to return the money, and thereby committed the offences alleged.

3. Petitioners’ applications for dispensing with their personal

presence, filed under Section 205 of Cr.P.C, have been dismissed by the learned Chief Judicial Magistrate, as per Annexure-A4 and Annexure-A5 orders. The reason for dismissal was stated to be the pendency of non-bailable warrants issued against them.

4. The pendency of a non bailable warrant by itself is not a

reason to deny the request for personal exemption. However, the learned Magistrate has given specific reasons for not allowing the exemption applications of the petitioners especially when non bailable warrants are pending. I am of the view that there is no perversity in the impugned orders, which warrants interference under Section 482 of Cr.P.C.

5. In this context, this Court is aware that petitioners were

granted personal exemption in 30 other cases, and they are appearing through the counsel in those cases. This Court also notices that, in five cases, the learned Magistrate has refused to grant personal exemption. No reasons have also been stated by petitioners for seeking personal exemption, except that the first petitioner is suffering from throat cancer, based on the certificates issued in 2020 and February 2023. However, there is nothing to indicate that the said illness continues even now, to the extent to disable the first petitioner from appearing in

Court. Therefore, I am not satisfied that the impugned orders warrant interference.

6. However, since the non-bailable warrants are pending against

the petitioners, it is directed that if any applications for recall of warrant and for grant of bail, are filed by petitioners without delay, the learned Magistrate shall issue appropriate orders positively on the date of appearance itself. It is also clarified that, notwithstanding the dismissal of the applications, the learned Magistrate will be at liberty to consider the application for dispensing with the personal appearance for the petitioners, if such an application is filed, after petitioners appear before the court and the warrants are recalled.

7. To enable the petitioners to appear before the trial court, as

directed above, coercive proceedings in C.C.No.161/2012 on the files of the Chief Judicial Magistrate Court, Pathanamthitta, shall be kept in abeyance for a period of 15 days from today. With the above observations, this Crl.M.C.is dismissed. sd/- BECHU KURIAN THOMAS JUDGE AMV/20/02/2024

APPENDIX OF CRL.MC 1614/2024 PETITIONER ANNEXURES ANNEXURE 1 THE COPY OF FINAL REPORT IN C.C 161 /2012 OF THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT, PATHANAMTHITTA DATED 10.09.2012 ANNEXURE 2 THE COPY OF MEDICAL CERTIFICATE DATED 30.09.2020 ISSUED FROM THE AMRUTHA INSTITUTE OF MEDICAL SCIENCE, ERNAKULUM ANNEXURE 3 THE COPY OF MEDICAL CERTIFICATE DATED 07.02. 2023 ISSUED FROM THE AMRUTHA INSTITUTE OF MEDICAL SCIENCE, ERNAKULUM ANNEXURE 4 THE CERTIFIED COPY OF ORDER IN CRL. MP NO. 808/2023 IN CC 161/2012 DATED 16.02.2023 ANNEXURE 5 THE CERTIFIED COPY OF ORDER IN CRL. MP NO. 809/2023 IN CC 161/2012 DATED 16.02.2023 TRUE COPY

Same Court & Year Kerala · 2024 Same Parties Stanly Simon vs State of Kerala Same Judge Honourable Mr. Justice Bechu Kurian Thomas