IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 931 of 2009()
1. SOPHY, W/O.LATE SEBASTIAN
... Petitioner
2. PAPPACHAN @ JOSEPH, S/O.THOMAS
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.WILSON URMESE
For Respondent : No Appearance
The Hon'ble MR. Justice M.N.KRISHNAN
Dated :11/03/2009
O R D E R
M.N.KRISHNAN, J
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Crl.M.C. 931 of 2009
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Dated this the 11th day of March, 2009
O R D E R
This petition is filed with a prayer to quash Annexure C to
secure justice. Petitioners herein are charged under Sections 420,
406 and 34 IPC by the police and the case is pending before the
Judicial 1st Class Magistrate Court, Vaikom. The petitioners herein
are absconding accused and the case is in the long pending
register of cases. Now the averments in the petition would reveal
that they along with others have started kuri and public have
joined kuries and they have tendered amounts and before the kuri
has reached the final stage, they have abandoned the kuri and
thereby it is alleged that they have committed the offences
punishable as mentioned above. When a foreman conducts a kuri,
it must be with the noble objective of making it complete, pay the
persons to whom it is due and not to throw it away mid way and
take away the money. I am not going in detail to the facts of the
case for the reason it would affect either of the parties. So there
are serious matters to be considered in the case and it is not a case
which has to be thrown out at the initial stage itself. Therefore, the
Crl.M.C. 931 of 2009 -2-
prayer to quash the proceedings is to be rejected and I do so. The
The petitioners are accused in long pending case. If they wish to
surrender and move for bail then I direct the court below to
consider the application for bail as expeditiously as possible.
Surrender as well as moving of application for bail shall be done on
the early working hours of a working day.
The Crl. M.C. is disposed of accordingly.
M.N.KRISHNAN, JUDGE
rhs