Disposed

Joy Joseph, v. State of Kerala

Kerala HC14 Sept 2020Crl.MC/3106/2020

Case brief

AI extract

What is this about?

This order in Criminal Miscellaneous Case No.3106 of 2020 granted a period of abeyance for issuance of non-bailable warrant. The accused sought quashing of the order dated 25/06/2020. The court directed that enforcement be kept in abeyance for two weeks to enable personal appearance before the Sessions Court.

What did the court decide?

Enforcement of non-bailable warrant kept in abeyance for two weeks to enable personal appearance before the Sessions Court.

Joy Joseph, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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MONDAY, THE 14TH DAY OF SEPTEMBER 2020 / 23RD BHADRA, 1942

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Crl.MC.No.3106 OF 2020(G)

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AGAINST THE ORDER IN SC 279/2016 DATED 25-06-2020 OF SPECIAL COURT UNDER POCSO ACT, KOTTAYAM

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CRIME NO.770/2016 OF ERATTUPETTA POLICE STATION, KOTTAYAM

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PETITIONER/ACCUSED:

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JOY JOSEPH, AGED 68 YEARS S/O.JOSEPH, PANAKKAKUZHIYIL HOUSE, EDAMATTAM, POOVARANI, KOTTAYAM DISTRICT-686577.

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BY ADVS. SRI.P.MARTIN JOSE SRI.JUSTINE JACOB

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RESPONDENTS/STATE/COMPLAINANT:

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1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

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2 STATION HOUSE OFFICER, ERATTUPETTA POLICE STATION, ERATTUPETTA

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SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14.09.2020, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C.No.3106 of 2020

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ALEXANDER THOMAS, J.

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===========================

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Crl.M.C.No.3106 of 2020

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=========================== Dated this the 14^th day of September, 2020

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ORDER

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The prayer in the above Criminal Miscellaneous case filed under Sec.482 of the Cr.P.C is as follows :

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“............to quash Annexure 4 order dated 25/06/2020 in SC No.279/2016 of the Hon'ble Additional Sessions Court-1, Kottayam in the interest of justice”

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Heard Sri.P.Martin Jose, learned counsel appearing for the petitioner/accused and Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the respondents.

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Having regard to the facts and circumstances of the case, it is ordered that the operation and enforcement of the impugned Annexure-4 order dated 25.06.2020 issued by the Additional Sessions Court-I (notified to deal with POCSO cases), Kottayam issuing non-bailable warrant against the petitioner shall be kept in abeyance for a period of two weeks to enable the petitioner to personally appear before the said court within the said period. In case, the petitioner appears before the said court within the said period, then Annexure-4 to the extent it has directed the issuance of nonbailable warrant will stand revoked.

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Crl.M.C.No.3106 of 2020

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The Registry will forward a certified copy of this order to the Additional Sessions Court-I (notified to deal with POCSO cases), Kottayam, who is dealing with S.C.No.279/2016, for necessary information, at the cost of the petitioner.

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With these observations and directions, the above Crl.M.C will stand disposed of.

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Sd/ALEXANDER THOMAS JUDGE

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vgd

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Crl.M.C.No.3106 of 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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ANNEXURE 1 TRUE COPY OF THE PETITION FOR ADJOURNMENT OF TRAIL DATED 25.6.2020 IN SC NO.279/2016. ANNEXURE 2 TRUE COPY OF THE OP TICKET DATED 23.6.2020 OF THE PMC HOSPITAL AT ERATTUPETTA. ANNEXURE 3 TRUE COPY OF THE MEDICAL CERTIFICATE DATED 25.6.2020. ANNEXURE 4 CERTIFIED COPY OF THE ORDER DATED 25.6.2020 OF HON'BLE ADDL. SESSIONS COURT-1, KOTTAYAM IN SC NO.279/2016. ANNEXURE 5 TRUE COPY OF THE DISCHARGE CERTIFICATE DATED 26.6.2020.

Joy Joseph, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joy Joseph, v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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