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SANAL EDAMARUKU, v. STATE OF KERALA
CRL.MC NO. 6138 OF 2018 1
2024:KER:75757
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 6138 OF 2018
CRIME NO.1118/2017 OF ALAPPUZHA NORTH POLICE STATION, Alappuzha
AGAINST THE ORDER/JUDGMENT DATED IN CC NO.203 OF 2018 OF
CHIEF JUDICIAL MAGISTRATE, ALAPPUZHA
PETITIONER/S:
SANAL EDAMARUKU,
AGED 64 YEARS
S/O. JOSEPH EDAMARUKU, EDAMARUKU SOOKTHAM, WARD
NO.12, MALAYANKERU PANCHAYATH, MALAYAM P.O.,
THIRUVANANTHAPURAM, NOW RESIDING AT 779 POCKET 5,
MAYUR VIHAR PHASE I, DELHI EAST.
BY ADV G.PRIYADARSAN THAMPI
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM - 682 031 (REPRESENTING SUB
INSPECTOR OF POLICE, ALAPPUZHA NORTH POLICE STATION,
ALAPPUZHA)
2 PRAMEELA DEVI
D/O. LEELAMMA NARAYANAN, PADINJATTINDATHIL HOUSE,
MUTTADA THOPPIL NAGAR, KESAVADASAPURAM WARD, KOWDIAR
VILLAGE, THIRUVANANTHAPURAM, FROM VINOD NIVAS,
KAITHAVANA WARD, ALAPPUZHA DISTRICT. PIN -688001
BY ADVS.
SRI.MATHEW A KUZHALANADAN
SMT.ANITHA MATHAI MUTHIRENTHY
SRI.SUDEEP ARAVIND PANICKER
OTHER PRESENT:
SRI.SANGEETHARAJ.N.R, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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P.V.KUNHIKRISHNAN, J
-------------------------------------- Crl.M.C. No. 6138 of 2018
-------------------------------------- Dated this the 10th day of October, 2024
O R D E R
This Criminal Miscellaneous case is filed to quash the proceedings in CC No. 203/2018 on the file of the Chief Judicial Magistrate Court, Alappuzha arising from Crime No.1118/2017 of Alappuzha North Police Station. As per the e- court service website, the case is now in the long pending register and it is pending as LP No. 79/2018.
2. I am of the considered opinion that a person, who is absconding is not entitled any discretionary relief from this Court. Therefore, the petitioner has to surrender before the jurisdictional court and file a discharge petition. The counsel for the petitioner submitted that the petitioner is ready to surrender before the jurisdictional court. In the light of the above submission, this Criminal Miscellaneous case can be
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disposed of. Therefore, this Criminal Miscellaneous case is disposed of with the following directions :
1) The petitioner shall surrender before the Jurisdictional Court within thirty days from the date of receipt of a certified copy of this order.
2) The petitioner is free to file a bail application before the jurisdictional court and if such a bail application is filed, the learned Magistrate will release the petitioner on bail, after imposing conditions in accordance with law.
3) The petitioner is free to file a discharge petition, if the charge is not framed before the jurisdictional court and if such a discharge petition is filed, the jurisdictional court will consider the same, in accordance with law.
4) All the contentions raised by the petitioner in this Crl.M.C. are left open and the petitioner is free to agitate the same before the trial court
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5) if the petitioner has not surrendered before the court concerned within thirty days, the learned Magistrate is free to proceed in accordance with law.
6) The Registry will forward a copy of this order to the jurisdictional court, forthwith.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
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APPENDIX OF CRL.MC 6138/2018
PETITIONER ANNEXURES
ANNEXURE P1 CERTIFIED COPY OF THE FINAL REPORT IN C.C.
NO. 203/2018 ON THE FILE OF CHIEF JUDICIAL
MAGISTRATE COURT, ALAPPUZHA.
ANNEXURE P2 TRUE COPY OF THE APPOINTMENT LETTER DATED
1.3.2017 ISSUED BY RATIONALIST
INTERNATIONAL, FINLAND TO THE DEFACTO
COMPLAINANT.
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