Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 6TH DAY OF OCTOBER 2023 / 14TH ASWINA, 1945 CRL.MC NO. 6698 OF 2023 SC 262/2020 OF ADDITIONAL DISTRICT COURT (ADHOC), PALAKKAD PETITIONER/ACCUSED: PALANI AGED 53 YEARS, S/O KUPPUSWAMY, NO.374(OLD NO.253)NEHRU NAGAR, THIRUPORUR X-ROAD, VALLAM P.O., CHENGALPATTU, CHENNAI, TAMILNADU, PIN - 603003 BY ADVS. T.S.HARIKUMAR P.B.SAHASRANAMAN RESPONDENTS/STATE AND THE INVESTIGATING OFFICER: 1 THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ENAKULAM, PIN - 682031 2 THE INSPECTOR OF POLICE TOWN NORTH POLICE STATION, PALAKKAD, PIN - 678508 OTHER PRESENT: M.P PRASANTH PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06.10.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
-------------------------------- Crl.M.C. No.6698 of 2023 ---------------------------------------------- Dated this the 06th day of October, 2023
ORDER
This Criminal Miscellaneous Case is filed with following prayers: “to quash the order of cancelling the bail bond and the issue of Non Bailable Warrant against the petitioner in S.C.No.262 of 2020 by the 3rd Additional Sessions Court ADHOC-I, Palakkad and to permit the petitioner to appear and attend the court proceedings through video conference by allowing the Crl.M.C.”
2. Petitioner is the accused in S.C. No.262 of 2020 of
Sessions Court, Palakkad, arising from Crime No.371 of 2004 of Valayar Police Station, Palakkad District. The prosecution case is that on 15-12-2004 at 11.30 p.m. a lorry bearing Registration No. TN-51/M-6278 driven by the 1st accused was searched by the Police at Valayar Check Post and found transporting 200 cans with each having capacity of 35 liters containing spirit concealed in packs of dry fish and rice hulls
and it is also found that the registration number of the lorry is forged one and transporting spirit is without any licence. Hence the case was registered alleging offence punishable under Sections 468 and 471 read with Section 34 of the Indian Penal Code and also under Section 55(a) of the Abkari Act. After investigation the police submitted the final report. The petitioner is the 1st accused. It is the case of the petitioner that the 2nd accused is now no more and the case against the
petitioner is pending before the Sessions Court as S.C.No.262/2020. The petitioner was enlarged on bail. It is the case of the petitioner that he is suffering from Chronic Kidney diseases for last many years apart from the Type-2 Diabetes Mellitus and Systemic Hypertension, coronary heart disease and undergone hemo dialysis once in a week. According to the petitioner, he could not appear before the Sessions Court, Palakkad because of his physical conditions and because of his inability to travel to the court. The Sessions Court is now cancelled the bail bond of the petitioner and issued non bailable warrant. Hence this Crl.M.C.
3. Heard the learned counsel for the petitioner and the learned Public Prosecutor.
4. The counsel for the petitioner takes me through Annexure-A3 discharge summary of the petitioner which would show that there is some force in the argument of the
petitioner that he is suffering from serious ailments. The petitioner can be directed to surrender before the lower court and if bail application is filed, the Sessions Court will consider the same in the light of the fact that he was not able to appear earlier because of his illness. The petitioner is also free to file a petition for exemption in appearance unless the presence of the petitioner is inevitable and if such a petition is filed, the Sessions Court will consider the same also, taking a lenient view.
Therefore, this Criminal Miscellaneous Case is disposed of in the following manner: 1) The petitioner shall surrender before the jurisdictional court within two weeks from today. If an application for bail with advance copy to the prosecutor concerned is filed at the time of surrender by the petitioner, the jurisdictional court shall consider the same taking into consideration the illness of the petitioner, and will pass orders on the date of surrender itself.
2. The petitioner is also free to file an exemption petition and if any such exemption petition is filed, the jurisdictional court will consider the same taking a lenient view.
3. The coercive steps against the petitioner
shall be deferred for a period of three weeks. sd/- P.V.KUNHIKRISHNAN JV JUDGE APPENDIX OF CRL.MC 6698/2023 PETITIONER ANNEXURES AnnexureA. 1 THE TRUE PHOTOSTAT COPY OF THE FINAL
REPORT SUBMITTED BY THE 2ND RESPONDENT IN CRIME NO. 371 OF 2004 OF VALAYAR POLICE STATION DATED 07-01-2006 Annexure A. 2 THE TRUE PHOTOSTAT COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED BY THE MEDICAL OFFICER, SAI FERTILITY CENTRE & HOSPITAL DATED 25- 10-2021 AnnexureA. 3 THE TRUE PHOTOSTAT COPY OF THE DISCHARGE SUMMARY OF THE PETITIONER ISSUED BY THE MEDICAL OFFICER, SAI FERTILITY CENTRE & HOSPITAL DATED 07- 01-2022 Annexure A.4 THE TRUE PHOTOSTAT COPY OF THE CERTIFICATE ISSUED BY DR. M.NAGARAJEN, DEPARTMENT OF NEPHROLOGY, CHENGALPATTU MEDICAL COLLEGE DATED 10-08-2023