Udayan Vs. State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1096285
CourtKerala High Court
Decided OnOct-22-2013
JudgeHONOURABLE MR.JUSTICE HARUN-UL-RASHID
AppellantUdayan
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulam present: the honourable mr.justice harun-ul-rashid tuesday, the22d day of october201330th aswina, 1935 crl.mc.no. 1309 of 2013 () --------------------------- against the order/judgment in crl.rev.pet 45/2002 of high court of kerala dated1807-2007 against the order/judgment in cc13012001 of addl.chief judl.magistrate, ernakulam petitioner/accused: ------------------- udayan, aged49years, s/o.chandran kunj, kadanthra veedu, cheppanam desom kumbalam village, ernakulam district. by adv. sri.s.rajeev respondent/complainant/state: ----------------------------- state of kerala represented by the public prosecutor, high court of kerala, ernakulam (crime no.11/94 of panangad police station, ernaklam district; now residing as lp no.88/2003 beofore the addl.cjmc ernakulam). by public prosecutor sri. roy thomas this criminal misc. case having come up for admission on2210-2013, the court on the same day passed the following: crl.mc.no. 1309 of 2013 () --------------------------- appendix petitioner's annexures: ----------------------- annexure-i.certified copy of the final report in cc671996 (now pending as lp882003). annexure-ii.copy of judgment in crl.rp no.45/2002 dated187/2007 passed by this honourable court. respondent's annexures: nil ------------------------ /true copy/ p.a. to judge cl harun-ul-rashid, j.--------------------------- crl.m.c. no.1309 of 2013 -------------------------- dated this the 22nd day of october 2013. order heard the learned counsel for petitioner and respondents.2. petitioner is arrayed as 2nd accused in crime no. 11/1994 of panangad police station pending as c.c. no. 67/1996 on the file of the additional chief judicial magistrate court, ernakulam. the offences alleged is punishable under sections 143, 147, 148, 324 read with section 149 ipc. the crl.m.c is filed seeking to quash the proceedings in c.c.no.67/1996 (renumbered as c.c.no.1301/2001) pending as l.p.no.88/2003 on the file of the additional chief judicial magistrate court, ernakulam. due to the non-appearance of the petitioner, non-bailable warrant was issued against him. the petitioner was employed in gulf and it is submitted that he was compelled to remain in gulf for his livelihood. it is also pointed out that the case against the co- accused was proceeded with and ended in conviction. the judgment was confirmed in crl.appeal no.350/2001. the order of sentence was modified in crl.r.p.no. 45/2002 and the sentence is reduced to imprisonment till rising of court and a compensation of rs.12,000/- each, in default of payment to undergo simple crl.m.c. no.1309/2013 :2. : imprisonment for a period of six months each. the petitioner failed to participate in the trial along with the co-accused. the petitioner apprehends that that if he would surrender before the learned magistrate he will be remanded to custody and only thereafter, his application for bail would be considered by the learned magistrate. the offence alleged are bailable.3. the petitioner is willing to surrender before the court below. non-bailable warrant is pending against him. now, the petitioner seek a direction from this court to consider their application for bail on the date of surrender itself. in the facts and circumstances, the crl.m.c is disposed of, directing the additional chief judicial magistrate court, ernakulam to consider and pass orders on the bail application on the date of surrender itself in the event of the petitioner surrendering before the court below and submitting an application for bail with prior notice to the assistant public prosecutor within a period of ten days from today. the non-bailable warrant issued shall be kept in abeyance till the bail application is heard and dispose of. sd/- harun-ul-rashid, judge. al/- true copy p.a to judge
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE HARUN-UL-RASHID TUESDAY, THE22D DAY OF OCTOBER201330TH ASWINA, 1935 Crl.MC.No. 1309 of 2013 () --------------------------- AGAINST THE ORDER

/JUDGMENT

IN Crl.Rev.Pet 45/2002 of HIGH COURT OF KERALA DATED1807-2007 AGAINST THE ORDER

/JUDGMENT

IN CC13012001 of ADDL.CHIEF JUDL.MAGISTRATE, ERNAKULAM PETITIONER/ACCUSED: ------------------- UDAYAN, AGED49YEARS, S/O.CHANDRAN KUNJ, KADANTHRA VEEDU, CHEPPANAM DESOM KUMBALAM VILLAGE, ERNAKULAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT/COMPLAINANT/STATE: ----------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.11/94 OF PANANGAD POLICE STATION, ERNAKLAM DISTRICT; NOW RESIDING AS LP NO.88/2003 BEOFORE THE ADDL.CJMC ERNAKULAM). BY PUBLIC PROSECUTOR SRI. ROY THOMAS THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON2210-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1309 of 2013 () --------------------------- APPENDIX PETITIONER'S ANNEXURES: ----------------------- ANNEXURE-I.CERTIFIED COPY OF THE FINAL REPORT IN CC671996 (NOW PENDING AS LP882003). ANNEXURE-II.COPY OF JUDGMENT

IN CRL.RP NO.45/2002 DATED187/2007 PASSED BY THIS HONOURABLE COURT. RESPONDENT'S ANNEXURES: NIL ------------------------ /TRUE COPY/ P.A. TO JUDGE cl HARUN-UL-RASHID, J.

--------------------------- Crl.M.C. No.1309 of 2013 -------------------------- Dated this the 22nd day of October 2013. ORDER

Heard the learned counsel for petitioner and respondents.

2. Petitioner is arrayed as 2nd accused in Crime No. 11/1994 of Panangad Police Station pending as C.C. No. 67/1996 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam. The offences alleged is punishable under Sections 143, 147, 148, 324 read with Section 149 IPC. The Crl.M.C is filed seeking to quash the proceedings in C.C.No.67/1996 (renumbered as C.C.No.1301/2001) pending as L.P.No.88/2003 on the file of the Additional Chief Judicial Magistrate Court, Ernakulam. Due to the non-appearance of the petitioner, non-bailable warrant was issued against him. The petitioner was employed in Gulf and it is submitted that he was compelled to remain in Gulf for his livelihood. It is also pointed out that the case against the co- accused was proceeded with and ended in conviction. The judgment was confirmed in Crl.Appeal No.350/2001. The order of sentence was modified in Crl.R.P.No. 45/2002 and the sentence is reduced to imprisonment till rising of court and a compensation of Rs.12,000/- each, in default of payment to undergo simple Crl.M.C. No.1309/2013 :

2. : imprisonment for a period of six months each. The petitioner failed to participate in the trial along with the co-accused. The petitioner apprehends that that if he would surrender before the learned Magistrate he will be remanded to custody and only thereafter, his application for bail would be considered by the learned Magistrate. The offence alleged are bailable.

3. The petitioner is willing to surrender before the court below. Non-bailable warrant is pending against him. Now, the petitioner seek a direction from this Court to consider their application for bail on the date of surrender itself. In the facts and circumstances, the Crl.M.C is disposed of, directing the Additional Chief Judicial Magistrate Court, Ernakulam to consider and pass orders on the bail application on the date of surrender itself in the event of the petitioner surrendering before the court below and submitting an application for bail with prior notice to the Assistant Public Prosecutor within a period of ten days from today. The non-bailable warrant issued shall be kept in abeyance till the bail application is heard and dispose of. Sd/- HARUN-UL-RASHID, Judge. AL/- True copy P.A to Judge