2023 Supreme(Online)(Ker) 60111
IN THE HIGH COURT OF KERALA AT ERNAKULAM
SREE GOKULAM CHIT AND FINANCE COMPANY PVT. LTD – Appellant
Versus
STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT – Respondent
WP(Crl.) 680/2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(CRL.) NO. 680 OF 2023 PETITIONER:
SREE GOKULAM CHIT AND FINANCE COMPANY PVT. LTD HAVING CORPORATE OFFICE AT NO.66 ARCOT ROAD, CHENNAI-24 REP. BY ITS AUTHORISED OFFICER:
K.M.LOHITHAKSHAN, DIVISIONAL BUSINESS MANAGER, PIN - 600024 BY ADVS.
MAHESH V RAMAKRISHNAN PRAVEEN K.S. RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE CHIEF JUDICIAL MAGISTRATE, COURT OF THE CHIEF JUDICIAL MAGISTRATE PALAKKAD, PIN - 678010
3 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, CIVIL STATION, PALAKKAD, PIN - 678001
4 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF
23RP, UP HILL, MALAPPURAM, PIN - 676505
5 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF RAMAVARMAPURAM ROAD,MANNARKAD THRISSUR, PIN – 680009 SRI.M.P.PRASANTH, PUBLIC PROSECUTOR THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 1st day of August, 2023 This Writ Petition (Criminal) has been filed under Article
226 of the Constitution of India and the prayers herein are as follows:
“(a) Issue a writ of mandamus or other appropriate writ, order or direction directing the 3rd respondent to execute conviction warrants, including Exts.P1 to P12 and along with the other cases mentioned in Para-3 of this Writ Petition, Exts.P13 to P15 which are non-bailable warrants issued in pending trial cases, issued by the concerned competent Magistrate Courts, in accordance with the relevant provisions of the Code of Criminal Procedure, 1973 forthwith and without any delay and within a time frame as may be fixed by this Hon'ble Court:
(b) Issue a writ of mandamus or other appropriate writ, order or direction directing the 4th respondent to execute non- bailable warrants, including Exts.P17 and P18 which are issued by the concerned competent Magistrate Courts, in the trial pending cases, in accordance with the relevant provisions of the Code of Criminal Procedure, 1973 forthwith and without any delay and within a time frame as may be fixed by this Hon'ble Court:
(c) Issue a writ of mandamus or other appropriate writ, order or direction directing the 5th respondent to execute non- bailable warrant, including Exts.P16 herein which are issued by the concerned competent Magistrate Courts, in pending cases, in accordance with the relevant provisions of the Code of Ciminal Procedure, 1973 forthwith and without any delay and within a time frame as may be fixed by this Honble Court:
(d) Grant such other reliefs that this Hon'ble Court deem fit to grant under the facts and circumstances of the case.”
2. At the time of hearing, the learned counsel for the petitioner placed details of 23 cases wherein execution warrant as well as warrant to secure the presence of the accused for trial are pending against the accused persons in the respective prosecutions launched by the complainant. The same are extracted as under:
Sl. No .
Accused
Case No.
Court
Police Station
District Police
Nature of Warrant
1
Sivaprasad
CC No. 46/2011
JFCM II, Palakkad
Kongad
Palakkad
Conviction
2
Ramesh G
ST No. 3862/2008
JFCM III, Palakkad
Town South
Palakkad
Conviction
3
P.S.Nandakishore
ST No. 368/2006
JFCM III, Palakkad
Town North
Palakkad
Conviction
4
Murali K.V.
ST No. 79/2018
JFCM V, Palakkad
Ottappalam
Palakkad
Conviction
5
Manikandan
CC No. 115/2010
JFCM II, Palakkad
Town North
Palakkad
Conviction
6
Balachandran C.P.
ST No. 18/2018
JFCM IV, Palakkad
Ottappalam
Palakkad
Conviction
7
Anish P
ST No. 28/2018
JFCM IV, Palakkad
Mannarkkad
Palakkad
Conviction
8
Santhosh M
ST No. 1421/2009
JFCM I, Palakkad
Town North
Palakkad
Conviction
9
Veerankutty
CC No. 375 /2011
JFCM II, Palakkad
Ottappalam
Palakkad
Conviction
10
Divya Sudheer