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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.227 OF 2017 [ARISING FROM SPECIAL LEAVE PETITION (CRIMINAL) NO.1048/2017]

[ARISING FROM CRL.M.P. NO.732/2017]

UMESH      APPELLANT(S)

                               VERSUS

STATE OF KERALA RESPONDENT(S) WITH

CRIMINAL APPEAL NO.228 OF 2017 [ARISING FROM SPECIAL LEAVE PETITION (CRIMINAL) NO.1049/2017]

[ARISING FROM CRL.M.P. NO.826/2017]

J U D G M E N T KURIAN, J.

Delay condoned. 2. Leave granted.   3. In  the nature  of order  we propose  to pass  in these matters it is not necessary to issue notice to the respondents. 4. The appellant is aggrieved by the refusal on the part  of  the  High  Court  in  quashing  the  criminal proceedings  now  pending  before  the  Judicial Magistrate, First Class, Chavakkad in CC Nos.289/1996 and 280/1996.  The appellant is accused No.5 in both the cases.

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5. According  to  the  appellant,  since  he  was  not available for trial, trial in his case was separated and  the  Trial  Court  proceeded  as  against  all  the other accused.  In CC No.289/1996, the first accused was  convicted and  the rest  of the  accused persons were  acquitted  and  in  the  CC  No.280/1996  all  the accused  persons  have  been  acquitted.   Therefore, according to the learned counsel for the appellant, the  continuance  of  the  proceedings  before  the Magistrate  Court,  as  far  as  the  appellant  is concerned, is unnecessary harassment and wastage of time. 6. We  find  it  difficult  to  appreciate  the contention.   Even  if all  contentions taken  by the appellant are taken on their face value also, it is for  the  Magistrate  concerned  to  consider  those contentions in an appropriate application filed under Section 239 of the Cr.P.C. 7. In that view of the matter, we do not propose to go into all the contentions taken by the appellant. The appeals are hence disposed of as follows:

The appellant shall surrender before the Judicial Magistrate,  First  Class,  Chavakkad,  where  the criminal cases are pending, within four weeks from today.   On  thus  surrendering,  on  the  appellant's furnishing a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand), in each case, along with two solvent sureties for the like amount, the appellant shall be released on bail.  The appellant will be free to file applications under Section 239 Cr.P.C. 8. We direct the learned Magistrate to consider the applications,  if  any  filed,  having  regard  to  the contentions taken by the appellant and dispose of the same, in accordance with law.

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9. Pending  application(s),  if  any,  shall  stand disposed of.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [A.M. KHANWILKAR]  

NEW DELHI; FEBRUARY 03, 2017.

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