High Court Kerala High Court

Sophy vs State Of Kerala on 11 March, 2009

Kerala High Court
Sophy vs State Of Kerala on 11 March, 2009
       

  

  

 
 
  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