High Court of Kerala dismissed a criminal miscellaneous petition where accused sought to quash the FIR and Final Report as a counter blast. The Court granted six months time to the accused abroad without coercive steps.
Six months time granted to accused to appear before Magistrate without execution of coercive steps; prayer for quash dismissed.
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 P.SOMARAJAN
THURSDAY, THE 15TH DAY OF OCTOBER 2020 / 23RD ASWINA, 1942
Crl.MC.No.2075 OF 2017
AGAINST THE ORDER/JUDGMENT IN CC 1770/2016 OF JUDICIAL MAGISTRATE OF FIRST CLASS, KOTTAYAM
CRIME NO.753/2016 OF AYARKUNNAM POLICE STATION, KOTTAYAM
PETITIONER/ACCUSED NOS.1 & 2:
1 SHAJIMON P AGED 47 YEARS, S/O. PARAMESWARAN,CHENNOTH HOUSE, PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM VILLAGE,KOTTAYAM DISTRICT.
2 RAJIMOL AGED 41 YEARS, W/O. SHAJIMON P.,CHENNOTH HOUSE, PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM VILLAGE,KOTTAYAM DISTRICT.
BY ADVS. SRI.ALEX GEORGE SRI.GEORGE ZACHARIAH ERUTHICKEL
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA - 682 031.
2 MR.SIJIN THOMAS AGED 33 YEARS, S/O. A.J.THOMAS,ARANGATHU HOUSE, PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM VILLAGE,KOTTAYAM DISTRICT - 686 564.
3 MR.MANOJ AGED 37 YEARS, S/O. SREEDHARAN,PAREKKATTIL HOUSE, PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM VILLAGE,KOTTAYAM DISTRICT - 686 564.
4 MR.AJESH K.A AGED 33 YEARS, S/O. ANIYAN,KALAPPURACKAL HOUSE, PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM VILLAGE,KOTTAYAM DISTRICT - 686 564.
Crl.MC.No.2075 OF 2017 2
5 MR.DHEERAJ AGED 33 YEARS, S/O. BALAKRISHNAN,THURUTHUMALIYIL HOUSE, PAREKKADU BHAGOM,ARUMANOOR KARA, AYARKUNNAM VILLAGE,KOTTAYAM DISTRICT - 686 564.
R1 BY ADV. SRI.P.M.MANOJ KANNUR R1 BY ADV. SRI.K.V.VINOD R2 BY ADV. SRI.P.M.MANOJ (KANNUR)
PUBLIC PROSECUTOR.SRI.E.C.BINEESH
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.10.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.2075 OF 2017 3
ORDER
The accused No. 1 and 2 came up to quash Annexure A2 FIR and A4 Final Report on the ground that it is only a counter blast. Earlier, another crime was registered on 3.7.2016 (Anneuxre A1) against the defacto complainant and others. It is after almost two months, on 28.9.2016, the present crime was registered alleging offence under Section 323, 294 (b) and 34 IPC. The accused No. 1 and 2 are husband and wife employed abroad. Since they were absent, non-bailable warrant was issued against them by the learned Magistrate.
away the right to get bail on showing sufficient reason on account of their
Crl.MC.No.2075 OF 2017 4
employment abroad. The court can also take
notice of the present restrictions in connection with on going pandemic COVID. It is submitted that the accused No. 1 and 2 will
make arrangements to come over to their native
place so as to appear before the concerned Magistrate. Hence it is fit and proper to
grant six months time to accused No. 1 and 2 to appear before the concerned Magistrate. Till that time, no coercive steps shall be executed against them. In so far as the prayer for
quashing the final report, no sufficient reason brought to the notice of this Court.
Crl.M.C. is dismissed, with the above said
direction.
Sd/-
P.SOMARAJAN
JUDGE
msp
Crl.MC.No.2075 OF 2017 5
APPENDIX
PETITIONER'S/S EXHIBITS:
| ANNEXURE | A1 CERTIFIED COPY OF THE 04.07.2016. |
FIR NO. 0482/16 DATED |
|---|---|---|
| ANNEXURE | A2 CERTIFIED COPY OF THE 28.9.2016. |
FIR NO. 753/16 DATED |
| ANNEXURE | A3 CERTIFIED COPY OF THE 957/2016. |
CHARGES IN CC |
| ANNEXURE | A4 CERTIFIED COPY OF THE 1770/2016. |
CHARGES IN CC |
| ANNEXURE | A5 COPY OF THE 1ST PETIT 7414925. |
IONER'S PASSPORT NO. J |
| ANNEXURE | A6 COPY OF THE 2ND PETIT 4591091. |
IONER'S PASSPORT NO. H |
| ANNEXURE | A7 PHOTOGRAPHS (4 NOS.) | FROM THE CCTV |
| RESPONDE | NTS EXHIBITS:NIL |
//TRUE COPY//
P.A. TO JUDGE
2 issues framed by the court
Whether bail should be granted to the accused who are abroad due to employment considering the COVID-19 pandemic restrictions.
Whether the Final Report filed in the criminal case should be quashed on the ground that it was registered as a counter blast after a delay.
3 provisions across 1 enactments
Shajimon P
Rajimol
State of Kerala Represented By The Public Prosecutor High Court Of Kerala
Mr. Sijin Thomas
Mr. Manoj
Mr. Ajesh K.A
P. Somarajan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
