The High Court of Kerala refused to entertain the criminal miscellaneous petition as it is a warrant trial case where the petitioner was allowed to raise contentions and plead for discharge before the court below.
The petitioner is granted exemption from personal appearance before the court below on all posting dates except when his presence is necessary.
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 B.SUDHEENDRA KUMAR
MONDAY, THE 14TH DAY OF AUGUST 2017/23RD SRAVANA, 1939
Crl.MC.No. 4599 of 2015 ()
CC 2368/2014 of J.M.F.C.,VADAKKANCHERRY
CRIME NO. 304/2013 OF ERUMAPETTY POLICE STATION , TRISSUR
PETITIONER/ACCUSED NO.1:
SUNIL, AGED 31 YEARS S/O JOHN, PUTHOOR HOUSE, NELLUVAI, ERUMAPPETTY, THRISSUR DISTRICT
BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
RESPONDENT(S)/INFORMANT/STATE:
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM-682 031 (CRIME NO.304/13 OF ERUMAPETTY POLICE STATION,
THRISSUR DISTRICT)
R2 BY ADV. SRI.DINESH MATHEW J.MURICKEN R1 BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14-082017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
B.SUDHEENDRA KUMAR, J.
Crl.M.C.No.4599 of 2015
O R D E R
The petitioner is the first accused in C.C. No.2368 of
2014 on the files of the court below. The offences alleged are the offences under Sections 323, 294(b) and 506(ii)
read with Section 34 I.P.C.
to entertain this Crl.M.C.
Crl.M.C.No.4599/2015
: 2 :
In the result, this Crl.M.C. stands closed.
However, the petitioner shall be granted exemption
from his personal appearance before the court below on all
posting dates except when his presence is necessary for the
progress of the case, if the petitioner files application before the court below in this regard after his appearance in
person before the court below within one month from today.
dl/14.8.2017
Sd/- B.SUDHEENDRA KUMAR, JUDGE // True Copy //
PA to Judge
1 issue framed by the court
Whether to entertain a criminal miscellaneous petition seeking review of a warrant trial case under Section 239 Cr.P.C.
2 provisions across 2 enactments
Sunil
State of Kerala
Jolly
B. Sudheendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
