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AYYAPPAN NAIR, SECRETARY versus M/S.CONYBIO HEALTH CARE (I)PVT.LTD.

High Court of Kerala

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AYYAPPAN NAIR, SECRETARY v. M/S.CONYBIO HEALTH CARE (I)PVT.LTD. - WP(C) No. 30590 of 2004(N) [2007] RD-KL 10149 (13 June 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 30590 of 2004(N)

1. AYYAPPAN NAIR, SECRETARY,
... Petitioner

Vs

1. M/S.CONYBIO HEALTH CARE (I)PVT.LTD.,
... Respondent

2. STATE OF KERALA, REP. DIRECTOR GENERAL

For Petitioner :SRI.BLAZE K.JOSE

For Respondent :GOVERNMENT PLEADER

The Hon'ble MR. Justice R.BASANT

Dated :13/06/2007

O R D E R

R.BASANT, J.

W.P.C.No.30590 of 2004

Dated this the 13th day of June 2007



JUDGMENT

The petitioner has come to this court with the prayer that Ext.P18 complaint against him pending before the IX Metropolitan Magistrate Court, Saidapet Chennai may be quashed. The matter has been adjourned from time to time. Now in the light of the decision in Meenakshi Sathish v. Southern Petrochemical Industries [2007(1) KLT 890(FB)] it is evident that this court has no jurisdiction to grant the relief prayed for. The prayer in this writ petition does, in these circumstances, merit and warrant rejection. I do so.

2. The learned counsel for the petitioner submits that the petitioner may be given breathing time to appear before the learned Magistrate or to move the High Court of Tamil Nadu and obtain appropriate reliefs. A warrant of arrest is pending against the petitioner. Appropriate directions under Section 438 Cr.P.C may be issued in the interests of justice, it is prayed. W.P.C.No.30590/07 2

3. I am satisfied that breathing time can be given to the petitioner to appear before the learned Magistrate concerned or to seek appropriate orders from the High Court of Tamil Nadu. Though I am not granting the larger relief the lesser relief of an order under Section 438 Cr.P.C can, in the interests of justice be granted, I am satisfied.

4. In the result, this writ petition is dismissed with the following directions under Section 438 Cr.P.C.

(i) The petitioner shall appear before the learned Chief Judicial Magistrate, Thiruvananthapuram on or before 23/6/2007 and shall execute a bond for Rs.50,000/- (Rupees fifty thousand only) with two solvent sureties each for the like sum undertaking to appear before the IX Metropolitan Magistrate Court, Saidapet Chennai on or before 23.7.2007. (ii) The petitioner shall appear before the IX Metropolitan Magistrate Court, Saidapet Chennai on or before 23/7/2007 and seek regular bail. He shall satisfy the learned Chief Judicial Magistrate, Thiruvananthapuram of such compliance on or before 30/7/2007. This obligation to appear before the IX Metropolitan Magistrate Court, Saidapet Chennai W.P.C.No.30590/07 3 shall be subject to orders, if any, to be passed by the Honourable High court of Tamil Nadu. (iii) Warrant against the petitioner shall not be executed against the petitioner till 23/6/2007. If the petitioner enters appearance and executes the bond, such warrant shall not be executed till 23/7/2007. If the petitioner does not appear before the learned Magistrate on 30/7/2007 and report compliance, the learned Chief Judicial Magistrate shall proceed under Section 446 Cr.P.C against the petitioner and his sureties.

(R.BASANT, JUDGE)

jsr W.P.C.No.30590/07 4 W.P.C.No.30590/07 5

R.BASANT, J.

CRL.M.CNo.

ORDER

21ST DAY OF MAY2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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