High Court allowed criminal revision to condone latches for non-appearance by a bail offender since final report was filed. Directed surrender and fresh bail application within restrictions.
Petition condoned; accused directed to surrender within two weeks and file application to recall warrant and grant bail; coercive proceedings stayed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF JUNE 2016/13TH JYAISHTA, 1938
Crl.Rev.Pet. No. 711 of 2016 ()
AGAINST THE ORDER IN CMP NO.880/2016 ON THE FILES OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, IDUKKI DATED 06-05-2016 IN CRIME NO.79/2016 OF KANJIKUZHY POLICE STATION, IDUKKI
REVISION PETITIONER(S)/RESPONDENT-ACCUSED:
ANTONY @ JOJO, AGED 29 YEARS, S/O. JOSEPH, PARIYATHUSSERIL HOUSE, ALPPARA KARA, KANJIKUZHY VILLAGE, IDUKKI DISTRICT, PIN - 685 606.
BY ADVS.SRI.C.ANILKUMAR (KALLESSERIL)
SRI.C.Y.VINOD KUMAR
SRI.P.M.MANASH
RESPONDENT(S)/PETITIONER-COMPLAINANT:
BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 03-06-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet. No. 711 of 2016 ()
APPENDIX
REVISION PETITIONER'S ANNEXURES:-
A1:- COPY OF THE ORDER DATED 22.3.2016 IN CMP NO.605/2016 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, IDUKKI.
A2:- COPY OF THE ORDER DATED 6TH MAY, 2016 IN CMP NO.880A/2016 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT, IDUKI.
RESPONDENTS' ANNEXURES:-NIL
KRJ
//TRUE COPY//
P.A TO JUDGE
RAJA VIJAYARAGHAVAN.V, J
= = = = = = = = = = = = = = = = =
Crl.R.P No.711 of 2016
= = = = = = = = = = = = = = = = = = Dated 3rd June, 2016
ORDER
Crl.RP.711/16
-:2:-
the learned Public Prosecutor.
that there are no willful latches on the part of the petitioner. The learned counsel also referred to the order granting him bail to contend that the learned Magistrate was also convinced that no serious injuries were caused to the de facto complainant. According to the learned counsel, the Court below had also taken note of the fact that registration of the crime was an offshoot of a civil litigation.
Crl.RP.711/16
-:3:-
cancelled and Non Bailable Warrant has been issued.
7.In the peculiar facts and circumstances of the instant case and in view of the fact that the final report has been laid, I am of the view that the laches of the petitioner can be condoned. However, the petitioner shall file appropriate application for recalling the warrant and grant of bail.
8.The petitioner is directed to surrender before the learned Magistrate within two weeks from the date of this order and on his filing an application for recalling warrant and grant of bail with advance notice to the prosecutor concerned , the learned Magistrate is directed to dispose of the same on its merits uninfluenced by the warrants, if any, pending as against him. Coercive proceedings as against the petitioner shall be kept in abeyance till then.
Petition is disposed off accordingly.
Sd/-
RAJA VIJAYARAGHAVAN.V JUDGE
krj.3/6/16
2 issues framed by the court
Whether latches by the accused can be condoned given that the final report has been laid before the court.
Whether the accused can be directed to surrender and file an application for recalling warrant and grant of bail.
Antoniy @ Jojo
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
