Dismissed

Pratheesh Kumar T.Pillai v. State of Kerala

Kerala HC1 Aug 2022Crl.MC/2340/2022

Case brief

AI extract

What is this about?

The High Court of Kerala addressed petitions seeking quashing of criminal proceedings (Sections 417, 420 IPC) on the ground of lack of opportunity to appear before the Magistrate. The Court dismissed the petitions, noting the petitioner had previously been directed to surrender twice in bail proceedings and failed to comply, thereby negating any ground to grant further relief.

What did the court decide?

The Criminal Miscellaneous Cases were dismissed without prejudice to the contentions and remedies of the petitioner.

Pratheesh Kumar T.Pillai Vs State of Kerala — Criminal Trial and Appeal | Kerala HC (2022)

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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 ZIYAD RAHMAN A.A. MONDAY, THE 1^ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944 CRL.MC NO. 2341 OF 2022

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PETITIONER/ACCUSED:

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PRATHEESH KUMAR T.PILLAI AGED 43 YEARS S/O THANKAPPAN, THOTTATHIL VEEDU, KULAKKADA, KUNDRA, KOLLAM-601021 , PIN - 601021

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BY ADV RASHEED C.NOORANAD

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RESPONDENT/DEFACTO COMPLAINANT:

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

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2 DETECTIVE INSPEPCTOR KOLLAM CRIME BRANCH OFFICE, KOLLAM DISTRICT601021, PIN - 601021

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OTHER PRESENT:

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ADV SREEJA V (SR.P,P)ADV. C.S HRITHWIK SR P P

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2022, ALONG WITH Crl.MC.2333/2022, 2338/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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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 ZIYAD RAHMAN A.A. MONDAY, THE 1^ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944

¶18

CRL.MC NO. 2333 OF 2022

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PETITIONER/ACCUSED:

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1 PRATHEESH KUMAR T.PILLAI AGED 43 YEARS S/O THANKAPPAN, THOTTATHIL VEEDU, KULAKKADA, KUNDRA, KOLLAM - 601021 , PIN - 601021

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BY ADVS. RASHEED C.NOORANAD P.MOHANDAS(ERNAKULAM)

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RESPONDENT/DEFACTP COMPLAINANT:

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

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2 DETECTIVE INSPECTOR KOLLAM CRIME BRANCH OFFICE, KOLLAM DISTRICT601021 , PIN - 601021

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2022, ALONG WITH Crl.MC.2341/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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¶28

IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 1^ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944

¶31

CRL.MC NO. 2338 OF 2022

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PETITIONER/ACCUSED:

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PRATHEESH KUMAR T.PILLAI AGED 43 YEARS S/O THANKAPPAN, THOTTATHIL VEEDU, KULAKKADA, KUNDRA, KOLLAM- 601021 , PIN - 601021

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BY ADV RASHEED C.NOORANAD

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RESPONDENT/DEFACTO COMPLAINANT:

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

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2 2. DETECTIVE INSPEPCTOR

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KOLLAM CRIME BRANCH OFFICE, KOLLAM DISTRICT, PIN - 601021

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2022, ALONG WITH Crl.MC.2341/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶40

Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶43

PRESENT

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THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A. MONDAY, THE 1^ST DAY OF AUGUST 2022 / 10TH SRAVANA, 1944

¶45

CRL.MC NO. 2340 OF 2022

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PETITIONER/ACCUSED:

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PRATHEESH KUMAR T.PILLAI AGED 43 YEARS S/O THANKAPPAN, THOTTATHIL VEEDU, KULAKKADA, KUNDRA, KOLLAM-601021 , PIN - 601021

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BY ADV RASHEED C.NOORANAD

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RESPONDENT/DEFACTO COMPLAINANT:

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

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2 DETECTIVE INSPEPCTOR KOLLAM CRIME BRANCH OFFICE, KOLLAM DISTRICT601021 , PIN - 601021

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01.08.2022, ALONG WITH Crl.MC.2341/2022 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

¶53

Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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¶55

ORDER

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In all these Crl.M.Cs, the petitioner is implicated as 1^st accused and the offences alleged are under Sections 417, and 420 read with Section 34 of the Indian Penal Code. All these cases are registered based on the complaints submitted by different persons but with similar allegations.

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The basic allegation is that the accused persons made believe the defacto complainant that they are dealing with the business of importing raw cashews from Tanzania to various cashew factories in Kollam district and collected various amounts from them. Later, he did not supply the cashews as undertaken. Annexure-1 is the FIR registered in all these cases. These Crl.M.Cs are filed for quashing all further proceedings pursuant to the aforesaid FIR.

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Heard Sri. Rasheed C. Nooranad, learned counsel appearing for the petitioner, Sri.C.S Hrithwick, learned Public Prosecutor for the State and Sri. K.P Satheesan, learned counsel appearing for the legal heirs of the defacto complainant in Crl.M.C 2333/2022.

¶59

Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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¶61

When these Crl.M.Cs came up for consideration,

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learned counsel for the petitioner confined the relief to an opportunity to appear before the learned Magistrate and for a further direction to consider the bail application on the date on surrender itself by following the principles laid down by the Hon'ble Supreme Court in Arneshkumar vs State of Bihar [(2014) 8 SCC 273]

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However, the learned Public Prosecutor, as well as the learned counsel appearing for the defacto complainant specifically, brought my attention to the Annexure-3 and 4 orders produced in Crl.M.C 2341/2022 which are the Anticipatory Bail applications submitted by the petitioner. It is discernible therefrom that in both the said applications, (the 1^st

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one of which was filed in the year 2019 and the 2^nd one in the year 2021), the petitioner was directed to surrender before the Investigation Officer. The learned counsel for the petitioner claims that the petitioner had surrendered before the Investigation Officer pursuant to the direction in Annexure-A3 in the year 2019 itself, the aforesaid submission is stoutly denied by the learned Public Prosecutor.

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Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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After going through the entire materials, I am of the view that the prayer sought by the petitioner cannot be entertained. This is mainly because the opportunity to surrender before the Investigation Officer was granted by this Court on two occasions. Even though there is a fair amount of dispute as to the compliance of the order to surrender before the Investigation Officer in the Annexure-A3 order, the fact remains that, even going by the case of the petitioner, the Annexure-4 order was never complied with. In such circumstances, I do not find any reason to grant any further opportunity. Therefore, I do not find any ground to consider the relief sought in these Crl.M.Cs.

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Accordingly, these Crl.M.Cs are dismissed without prejudice to the contentions and remedies of the petitioner.

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Sd/-

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ZIYAD RAHMAN A.A. JUDGE

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rpk

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Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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¶74

APPENDIX OF CRL.MC 2333/2022

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PETITIONER ANNEXURES

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Annexure1 TRUE COPY OF THE FIR IN CRIME NO.655/2018 DATED 15/09/2018 OF KUNDRA POLICE STATION Annexure2 TRUE COPY OF THE FINAL REPORT DATED 16.01.2018 OF TANZANIA POLICE Annexure3 THE TRUE COPY OF THE COMMON ORDER IN BA NO. 5418/2019 Annexure4 THE TRUE COPY OF THE COMMON ORDER IN BA NO. 9095/2021

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Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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¶79

APPENDIX OF CRL.MC 2338/2022

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PETITIONER ANNEXURES

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Annexure1	TRUE CERTIFIED COPY OF THE FIR IN
	CRIME NO. 1435/2018 OF KOLLAM EAST POLICE STATION
Annexure2	TRUE COPY OF THE FINAL REPORT DATED 16.01.2018 OF TANZANIA POLICE
Annexure3	TRUE COPY OF ONE OF THE SAID DOCUMENTS SHOWING THE TRANSACTIONS BETWEEN SREELAKSHMI CASHEWS AND THE DEW POINT COMPANY DATED 31/05/2016
Annexure4	THE TRUE COPY OF THE COMMON ORDER IN BA NO. 5418/2019 DATED 15.10.2019
Annexure5	THE TRUE COPY OF THE COMMON ORDER IN BA NO. 9113/2021 DATED 30.11.2021

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Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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¶84

APPENDIX OF CRL.MC 2340/2022

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PETITIONER ANNEXURES

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Annexure1 TRUE COPY OF THE FIR IN CRIME NO.1759/2018 DATED 15/09/2018 Annexure2 TRUE COPY OF THE FINAL REPORT DATED 16.01.2018 OF TANZANIA POLICE Annexure3 THE TRUE COPY OF THE COMMON ORDER IN BA NO. 5418/2019 Annexure4 THE TRUE COPY OF THE COMMON ORDER IN BA NO. 9096/2021

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Crl.M.C Nos. 2333, 2338, 2340 and 2341 of 2022

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APPENDIX OF CRL.MC 2341/2022

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PETITIONER ANNEXURES

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Annexure1 TRUE COPY OF THE FIR IN CRIME NO.2023/2018 DATED 04.12.2018 Annexure2 TRUE COPY OF THE FINAL REPORT DATED 16.01.2018 OF TANZANIA POLICE Annexure3 THE TRUE COPY OF THE COMMON ORDER IN BA NO. 5418/2019 Annexure4 THE TRUE COPY OF THE COMMON ORDER IN BA NO. 9089/2021

Pratheesh Kumar T.Pillai v. State of Kerala

Case brief

What is this about?

What did the court decide?

Pratheesh Kumar T.Pillai v. State of Kerala

Case brief

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