Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945 CRL.MC NO. 2411 OF 2023 AGAINST THE ORDER/JUDGMENT IN CC 384/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD PETITIONERS/ACCUSED NO.1 TO 4:
1 M/S SANTHIMADOM BUILDERS AND DEVELOPERS TRUST, CORPORATE OFFICE GURUVAYOOR, REP BY ITS CHAIRMAN RADAKRISHNAN,SANTHIMADOM, THEKKENALUVAZHI, N.PARAVUR, ERNAKULAM,, PIN - 683513 2 V.N.RADHAKRISHNAN AGED 71 YEARS S/O. NARAYANAN, SANTHIMADOM, THEKKENALUVAZHI, N.PARAVUR, ERNAKULAM,, PIN - 683513 3 RAMANI RADHAKRISHNAN AGED 68 YEARS W/O V.N.RADHAKRISHNAN SANTHIMADOM, THEKE NALUVAZHI, N.PARAVOOR, PIN - 68351 4 RAGESH MANU AGED 35 YEARS S/OV.N. RADHAKRISHNAN, SANTHIMADOM, THEKENALUVAZHI, N. PARAVOOR,, PIN - 683513 BY ADVS. ANOOP KRISHNA V.A.PRADEEP KUMAR
RESPONDENT/COMPLAINANT: STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, PIN - THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH Crl.MC.1975/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI FRIDAY, THE 28TH DAY OF APRIL 2023 / 8TH VAISAKHA, 1945 CRL.MC NO. 1975 OF 2023 AGAINST THE ORDER/JUDGMENTCC 384/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD CC 384/2015 OF JUDICIAL MAGISTRATE OF FIRST CLASS ,CHAVAKKAD PETITIONERS/ACCUSED NO.1 TO 4::
1 SANTHIMADOM BUILDERS AND DEVELOPERS TRUST CORPORATE OFFICE GURUVAYOOR, REP BY ITS CHAIRMAN RADAKRISHNAN, SANTHIMADOM, THEKENALUVAZHY, N. PARAVOOR P.O. ERNAKULAM, PIN - 683513 2 DR.RADHAKRISHNAN, AGED 71 YEARS S/O. NARAYANAN, SANTHIMADOM, THEKKENALUVAZHI, N.PARAVUR, ERNAKULAM,, PIN - 683513 3 RAMANI RADAKRISHNAN AGED 68 YEARS W/O RADAKRISHNAN SANTHIMADOM, THEKE NALUVAZHI, N.PARAVOOR PO., PIN - 683513 4 RAGESH MANU AGED 35 YEARS S/O RADAKRISHNAN, SANTHIMADOM, THEKENALUVAZHI, N. PARAVOOR, PIN, PIN - 683513 BY ADVS. ANOOP KRISHNA V.A.PRADEEP KUMAR
RESPONDENTS/COMPLAINANT: 1 STATE OF KERALA, REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,, PIN - 682031 2 CIRCLE INSPECTOR OFFICE OF THE POLICE STATION GURUVAYOOR,PO., PIN - 3 JAYAPRAKASH AGED 60 YEARS S/O.SREEDHARAN NAIR, BINDU NIVAS, MANKARA VILLAGE, KANNAMPARIYARAM DESAM, P.O. PALAKKAD DISTRICT, PIN - 4 BINDU JAYAPRAKASH AGED 54 YEARS W/O JAYAPRAKASH, BINDU NIVAS, MANKARA VILLAGE, KANNAMPARIYARAM DESAM P.O, PALAKKAD DISTRICT,, PIN - THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.04.2023, ALONG WITH Crl.MC.2411/2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ORDER
Dated this the 28th day of April, 2023 The limited prayer sought in Crl.M.C.No.2411 of 2023 is to direct the court below to consider the bail applications of the petitioners on the same day itself in accordance with law and to keep the warrant proceedings against the petitioners in abeyance till then.
2. Crl.M.C.No.1975 of 2023 is filed to quash Annexure A2 proceedings in C.C.No.384 of 2015 whereby the petitioners were directed to appear before the court below without fail on 08.03.2023.
3. The petitioners are Santhimadom Builders
and Developers Trust, Chairman and other office bearers. The defacto complainant has filed a complaint before the SHO, Guruvayoor against the petitioners, on the ground that the petitioners have not constructed the villa as agreed in the agreement. The petitioners have submitted before the SHO, Guruvayoor that they are ready and willing to carry out the balance constructions, provided the balance amounts are paid. The police had filed a charge sheet against the petitioners as C.C.No.384 of 2015 and is pending before the JFCM-1, Chavakkad under Sections 420 and 34 of the IPC. Bail was granted to the petitioners initially. Thereafter, defacto complaint filed a petition to cancel the bail applications, since the petitioners had violated the bail conditions. It is submitted that after the hearing was conducted in M.P. No.1227 of 2022 on 02.03.2023, the case was posted for orders on 08.03.2023 and the accused were directed to be present on that day. On 08.03.2023, the petition filed by the defacto complainant for cancellation of bail was dismissed, but the court below proceeded to issue warrant against the petitioners on the ground that they have failed to appear on 08.03.2023. That is challenged in Crl.M.C. No.1975 of 2023.
4. Now the limited prayer sought by the learned
counsel for the petitioners is that they are ready to surrender before the court below and if they surrender the bail applications moved by them shall be considered on the very same day of surrender itself.
5. The learned Public Prosecutor opposes the
prayer and submitted that the petitioners were directed to appear on 08.03.2023, but they failed to appear and the petitioners cannot seek for a direction to consider the bail applications on the same day. Having considered the contentions across the bar and the averments in the Crl.M.Cs, I am satisfied that a direction can be given to the court below to consider the bail application on the same day it is moved. In the result, Crl.M.C.No.2411 of 2023, is allowed and the petitioners are directed to surrender before the court below within 15 days from today and if any bail application is filed, the copy of the bail application shall be submitted to the Public Prosecutor two days in advance and the court below is directed to consider the bail applications on the very same day and pass appropriate orders. In the light of observations made above, Crl.M.C. No.1975 of 2023, is closed. The warrant issued against the petitioners shall be kept in abeyance till the date of surrender. Sd/- BASANT BALAJI JUDGE SSK/29/04 APPENDIX OF CRL.MC 2411/2023 PETITIONER ANNEXURES Annexure-A1 THE POLICE HAS FILED CHARGE AGAINST THE
PETITIONERS ASC.C.NO.384 /2015 ON THE FILE OF THE JFCM I CHAVAKKAD UNDER SECTIONS 420 AND 34 OF IPC. THE CASE IS PENDING Annexure-A2 THE COPY OF THE MEDICAL CERTIFICATE OF THE 2ND PETITIONER DATED 6-3-2023 Annexure-A3 THE COPY OF THE MEDICAL CERTIFICATE OF THE 3RD PETITIONER DATED 3-3-2023 APPENDIX OF CRL.MC 1975/2023 PETITIONER ANNEXURES Annexure-A1 CHARGE AS C.C.NO.384 /2015 ON THE FILE OF THE JFCM I CHAVAKKAD UNDER SECTIONS 420 AND 34 OF IPC. THE CASE IS PENDING. THE TRUE COPY OF THE SAME Annexure-A2 MP NO 1227 OF 2022 AND MP NO 1552 OF 2022 IN CC NO 384 OF 2015, THE COURT BELOW HAS POSTED THE ALL ACCUSED SHALL BE PRESENT WITHOUT FAIL ON THE NEXT POSTING, WITHOUT EXCUSE, FAILING WHICH BAIL WILL BE CANCELLED. THE TRUE COPY OF THE PROCEEDINGS OF THE SAME RESPONDENT'S EXHIBITS:NIL SSK //TRUE COPY// PA TO JUDGE