The Kerala High Court dismissed the criminal miscellaneous petition while directing the trial court to dispose of the case on merits within six months, noting it cannot usurp trial court powers regarding the accused's escape during hospital surveillance.
Petition dismissed; direction to trial court to decide on merits within six months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942
Crl.MC.No.5892 OF 2016(F)
CC 691/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I, ALUVA
CRIME NO.196/2010 OF ALUVA POLICE STATION, ERNAKULAM
PETITIONER/ACCUSED:
BINIL, AGED 28 YEARS, S/o JOSEPH, THAIPARAMBIL HOUSE, THUDATHUMKADAVU,VARAPPUZHA
BY ADV. SRI.JAISON JOSEPH
RESPONDENT/STATE:
STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM, REPRESENTED BY SUN INSEPCTOR OF POLICE, ALUVA POLICE STATION
BY PUBLIC PROSECUTOR SRI. RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
A crime was registered and the final report was submitted for the offence under Section 225B IPC on the reason that the accused escaped from the lawful custody while undergoing treatment in a hospital under the surveillance of a police constable (CW1). It is submitted by the learned counsel for the petitioner that he was not taken into custody by any police officer in connection with the crime involved. But it is countered by the learned Public Prosecutor that accused was taken into custody based on a production warrant, but due to ailment he was hospitalized under police surveillance from where he was escaped. Certain documents were also brought to the notice of this court in support of the contention raised by the petitioner, but this court cannot usurp the power of trial court. As such, by reserving the right of the petitioner to agitate all the remedies available and take up the defences at various stages, present Crl.M.C. is hereby dismissed. There will be a further direction to
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dispose of the case on merits within a time schedule
of six months from the date of receipt of a copy of
this order.
Crl.M.C. is dismissed with the above direction.
Sd/-
P.SOMARAJAN
JUDGE
DMR/-
Crl.M.C.No.5892 of 2016
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APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE A1 TRUE PHOTOCOPY OF THE FIR IN CRIME NO. 196/2010 OF ALUVA POLICE STATION ALONG WITH FI STATMENT ANNEXURE A2 CERTIFIED COPY OF THE CHARGE SHEET IN CC.NO. 691/2010 ON THE FILE OF JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALUVA ANNEXURE A3 CERTIFIED COPY OF THE ORDER IN CRL.MP.NO. 925/2015 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT I, ALUVA
RESPONDENT'S ANNEXURE: NIL
// TRUE COPY //
P.A. TO JUDGE
Binil
State of Kerala
P. SOMARAJAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
