2022 Supreme(Online)(KER) 2123
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN TUESDAY, THE 25TH DAY OF OCTOBER 2022 / 3RD KARTHIKA, 1944 WP(CRL.) NO. 887 OF 2022 AGAINST THE ORDER/JUDGMENT IN CC 152/2010 OF JUDICIAL MAGISTRATE OF FIRST CLASS-III, PALAKKAD PETITIONER:
SREE GOKULAM CHITS AND FINANCE COMPANY PVT. LTD, AGED 39 YEARS, HAVING CORPORATE OFFICE AT NO.66 ARCOT ROAD, CHENNAI-24., REP. BY ITS AUTHORISED OFFICER, K.K.SUBASHKUMAR, S/O.K.KRISHNAN, AGED 39 YEARS, WORKING AS ASST. LEGAL MANAGER OF THE COMPANY, RESIDING AT KAMBAKKOODAM HOUSE, PULINELLI P.O, KOTTAYI, PALAKKAD, PIN – 678572.
BY ADV. SRI.MAHESH V.RAMAKRISHNAN RESPONDENTS:
1 STATE OF KERALA, REP. 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.
BY ADV. SRI.T.R.RENJITH THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated, this the 25th October, 2022 In this matter, on 11.10.2022, this Court passed the following interim order:
The grievance addressed in this writ petition is non execution of warrants in C.C.Nos.152/2010, 891/2009, 496/2009, 666/2009, 723/2017, 83/2011 and in ST.Nos.2454/2016, 422/2013, 1804/2018 and 33/2016, by the police and the allegation is that the police show reluctance in executing the same, though the accused are available in the respective vicinities.
2. The details of the cases are as under;
No. Accused Case No. Court Police Station Nature of warrant
1 Sindhu CC 152/10 JFCM 3 Town North Conviction 2 Sasikumar CC 891/09 JFCM 3 Hemambika Nagar Conviction 3 Asharaf CC 496/09 JFCM 3 Shoranur Conviction 4 Jayaprakash CC 83/11 JFCM 2 Ottapalam Conviction 5 Pushpalatha CC 83/11 JFCM 2 Ottapalam Conviction 6 Sreeja CC 666/09 JFCM 3 Town North Conviction 7 Muhammed haris ST 2454/16JFCM 1 Town North Conviction 8 Parasu ST 422/13 JFCM 1 Town North Conviction 9 Venugopalan ST 1804/18 JFCM 1 Ottapalam Conviction
10 Subair ST 33/16 JFCM 4 Kongad NBW 11 Jagadeesh CC 723/17 JFCM 3 Ottapalam NBW 3. A report at the instance of the District Police Chief, dated 10.10.2022 has been placed by the learned Public Prosecutor on the submission that the persons against whom warrants are pending involved in many crimes and their non-availability in station is the reason for non-execution of the warrants. In the report, the District Police Chief stated that he had given instructions to the subordinate officers to continue their efforts to trace the accused and execute the conviction warrants, as and when received from the court.
4. At this juncture, it is submitted by the learned counsel for the petitioner that the petitioner is ready to assist the police to trace the whereabouts of the accused in the above cases, in executing the warrants, since they are available in their respective stations.
5. In view of the submission, the trial courts concerned, shall issue proper warrants and the Station House Officers of the respective police stations shall execute the warrants, with the assistance of the petitioner herein without hesitation and file a report in this regard, within a period of two weeks from today.
Post on 25.10.2022. It is specifically ordered further that the courts concerned shall entrust the warrants, if not entrusted already, to the Station House Officers concerned, within a period of 3 days from the date of production of this order.
2. Today, it is submitted by the learned counsel for the petitioner that in so far as Item Nos.3 and 9 referred in the interim order, only further steps required. In all other cases, the grievance of the petitioner stands addressed. 3. Therefore, there shall be a direction to the 3rd respondent to ensure execution of the warrants issued against Asharaf and Venugopalan herein above referred as Item Nos.3 and 9. The petitioner can also assist the police in executing the warrant.
The courts concerned also are directed to give process for execution, in accordance with law. The 3rd respondent is directed to ensure execution of the warrant without fail, at any rate, within a period of one month. If any, grievance remaining thereafter, the petitioner is at liberty to approach this Court again.
Accordingly, this WP(Crl) is disposed of.
Registry is directed to forward a copy of this judgment to the courts in relation to Item Nos.3 and 9 for information and compliance.
Sd/-
A.BADHARUDEEN, JUDGE.
ww APPENDIX OF WP(CRL.) 887/2022 PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE WARRANT OF ARREST ISSUED BY THE LEARNED MAGISTRATE JFCM-III, PALAKKAD IN CC NO.152 OF 2010 DATED 18.02.2022.
EXHIBIT P2 TRUE COPY OF THE THE WARRANT OF ARREST ISSUED BY THE LEARNED MAGISTRATE JFCM III, PALAKKAD IN CC NO.891 OF 2009 TO ACCUSED NO.1 SASIKUMAR.T, DATED 19-02-2022.
EXHIBIT P3 TRUE COPY OF THE WARRANT OF ARREST ISSUED BY THE LEARNED MAGISTRATE JFCM III, PALAKKAD IN CC NO.496 OF 2009 TO ACCUSED NO.1 ASHARAF.T, DATED 19-02-2022.
EXHIB