High Court Kerala High Court

K.Harikumar vs State Of Kerala on 13 January, 2011

Kerala High Court
K.Harikumar vs State Of Kerala on 13 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 107 of 2011()


1. K.HARIKUMAR, AGED 36 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. SMT.VANDANA S.KHANKARI,

                For Petitioner  :SRI.N.N.SASI

                For Respondent  : No Appearance

The Hon'ble MR. Justice THOMAS P.JOSEPH

 Dated :13/01/2011

 O R D E R
                    THOMAS P.JOSEPH, J.
            ====================================
                     Crl. M.C. No.107 of 2011
            ====================================
          Dated this the 13th   day of January,    2011


                            O R D E R

Petitioner is accused in C.C. No.1734 of 2004 of the court

of learned Judicial First Class Magistrate, Aluva for offence

punishable under Section 381 of the Indian Penal Code. That case

arose on the final report submitted in Crime No.313 of 2004 of

Chengamanadu police station. Case is that petitioner committed

theft of gold ornaments of de facto complainant and thereby

committed offence as alleged. As per the prosecution version the

(alleged stolen) ornaments were seized from the person of

petitioner as per a seizure mahazar. Petitioner of course, has a

different case. He says that de facto complainant belonged to

Bombay, he had contacts with her and they lived together as

husband and wife for some time and while so, there was difference

of opinion between them. From the year 2004 onwards they

started living separately. It is while so, according to the petitioner

that he has been falsely implicated in the case. Petitioner states

that later he got employment abroad. On account of his failure to

CRL.M.C. No.107 of 2011
-: 2 :-

appear in court proceedings under Sections 82 and 83 of the

Code of Criminal Procedure were initiated against him. Petitioner

seeks to quash the case against him and states that the case is

highly improbable and false. It is also the case of petitioner that

de facto complainant has already abandoned the case and gone

to her native place.

2. It is revealed that ornaments belonging to the de

facto complainant were allegedly seized from the person of

petitioner. I have gone through the material produced before me

(Annexures-A to C) Annexure-D onwards are produced to show

close intimacy petitioner allegedly had with the de facto

complainant. That in my view, has no bearing on the issue

whether the proceeding is to be quashed. I do not find reason

to interfere under Sec.482 of the Cr.P.C. Petitioner has to face

the trial.

3. It is submitted that since petitioner was abroad he

could not appear in court and coercive steps have been taken

against him. Petitioner seeks a direction to the learned

Magistrate to release him on bail. I am afraid, no such direction

can be given to the learned Magistrate since grant of bail is the

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-: 3 :-

judicial function of the Magistrate. I make it clear that if any

application for bail is presented learned Magistrate will consider

the same as provided under law and pass appropriate orders.

Criminal Miscellaneous Case is disposed of as above.

THOMAS P. JOSEPH, JUDGE.

vsv