The High Court dismissed a criminal miscellaneous petition challenging an order refusing bail. The judge noted that in warrant trial cases, the right to argue for discharge lies before the court below under Section 239 Cr.P.C., thus declining to entertain the petition.
Petitioners dismissed; liberty to approach court below for discharge.
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
WEDNESDAY, THE 1ST DAY OF MARCH 2017/10TH PHALGUNA, 1938
Crl.MC.No. 997 of 2017 ()
CC 287/2016 of J.F.M.C.-I, MAVELIKKARA
CRIME NO. 2/2016 OF KURATHIKADU POLICE STATION, ALAPPUZHA
PETITIONERS/A1 TO A7 :-
1. WILSON T GEORGE, AGED 55 YEARS, S/O.CHACKO GEORGE, THEKKETHALAKAL VEEDU, VETTIYAR VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT.
2. JIMMY CHACKO GEORGE, AGED 42 YEARS, S/O.CHACKO GEORGE, THEKKETHALAKAL VEEDU, VETTIYAR VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT.
3. THAMBAN T.GEORGE, AGED 57 YEARS, S/O.CHACKO GEORGE, THEKKETHALAKAL VEEDU, VETTIYAR VILLAGE, MAVELIKARA TALUK, ALAPPUZHA DISTRICT.
4. VALSA VIJAYAN, AGED 51 YEARS, W/O.VIJAYAN, RESIDING AT HARIMANGALAM SREEVALSAM VEEDU, CHUNAKKARA VILLAGE, CHUNAKKARA, MAVELIKKARA, ALAPUZHA DISTRICT.
5. SAMUEL, AGED 54 YEARS, S/O.YOHANNAN, ILLATHU THEKKETHIL PUTHEN VEEDU, VETTIYAR VILLAGE, VETTIYAR, MAVELIKARA, ALAPUZHA DISTRICT.
6. ACHANKUNJU, AGED 52 YEARS, S/O.BABY, KONNAKKOTTU VILAYIL, VETTIYAR VILLAGE, VETTIYAR, MAVELIKARA, ALAPUZHA DISTRICT.
7. BABU, AGED 53 YEARS, S/O.RAGHAVAN, VELATHARAYIL VEEDU, VETTIYAR VILLAGE, VETTIYAR, MAVELIKARA, ALAPUZHA DISTRICT.
BY ADVS.SRI.M.V.THAMBAN SMT.THARA THAMBAN SRI.B.BIPIN SRI.R.REJI
Crl.MC.No. 997 of 2017 ()
(2)
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682018, REPRESENTED BY THE SUB INSPECTOR OF POLICE, KURATHICADU POLICE STATION, ALAPUZHA DISTRICT.
2. BEENA SOLOMON, AGED 53 YEARS, W/O.SOLOMAN T.GEORGE, THEKKETHALAKKAL SONIYA COTTAGE, WARD NO.14, THAZHAKKARA PANCHAYAT, THANNIKKUNNU P.O., MAVELIKARA, ALAPUZHA DISTRICT, PIN-690534. R2 BY ADVS. SRI.ARUN BOSE SRI.RINNY STEPHEN CHAMAPARAMPIL R1 BY SRI.C.K.PRASAD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01-03-2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 997 of 2017 ()
APPENDIX
PETITIONER(S)' EXHIBITS :-
ANNEXURE A1- CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.287/2016 ON THE FILES OF THE HON'BLE JFCM-I, MAVELIKARA.
ANNEXURE A2- TRUE COPY OF THE PARTITION DEED DT.23/12/2015.
RESPONDENT(S)' EXHIBITS :- NIL
//TRUE COPY//
P.A. TO JUDGE
rkj
B. SUDHEENDRA KUMAR, J.
--------------------------------
Crl.M.C. No.997 of 2017
Dated this the 1st day of March, 2017
O R D E R
The offences alleged in this case are the offences under Sections 143, 144, 147, 148, 149, 447, 427 r/w 506(i) IPC. Since the case is a warrant trial case, the petitioners are having the right and opportunity to argue for discharge before the court below under Section 239 Cr.P.C. For the said reason, I am not inclined to entertain this petition.
In the result, this Crl.M.C. stands dismissed. However, the petitioners shall be at liberty to take all his contentions before the court below under Section 239 Cr.P.C., and if the petitioners take any such contention, the court below shall consider the said contention and pass order in accordance with law.
Sd/-
B. SUDHEENDRA KUMAR, JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
1 issue framed by the court
Whether the court below can entertain a discharge application under Section 239 Cr.P.C. in a warrant trial case.
1 provisions across 1 enactments
WILSON T GEORGE AND OTHERS
STATE OF KERALA
BEEA SOLOMON
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
