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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

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