Amir vs The Sub Inspector Of Police on 30 November, 2018

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Kerala High Court

Amir vs The Sub Inspector Of Police on 30 November, 2018

Bench: K.Abraham Mathew

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

          THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW

  FRIDAY ,THE 30TH DAY OF NOVEMBER 2018 / 9TH AGRAHAYANA,
                            1940

                    Crl.MC.No. 8160 of 2018

          AGAINST THE ORDER/JUDGMENT IN CC 177/2013 of
                       J.M.F.C.,VADAKARA



PETITIONERS/ACCUSED NO.1 AND 3:


      1       AMIR
              AGED 29 YEARS
              S/O.HAMEED,
              CHERIYA NELLIKUNNATH HOUSE,
              NEAR CHEMBOTTU PALLI,
              MELAM, PERUVAYAL,
              KOZHIKODE.

      2       AMMED
              AGED 51 YEARS
              S/O.MAMMY,
              ARIKKARA MALAYIL HOUSE,
              THIRUVALLOOR,
               KOZHIKODE.

              BY ADVS.
              SRI.T.G.RAJENDRAN
              SRI.T.R.TARIN




RESPONDENTS/COMPLAINANT AND STATE:
      1     THE SUB INSPECTOR OF POLICE
            VADAKARA POLICE STATION - 673 103.
 Crl.M.C. 8160/18                   -:2:-


        2          THE STATE OF KERALA
                   REPRESENTED BY THE PUBLIC PROSECUTOR,
                   HIGH COURT OF KERALA,
                   ERNAKULAM - 682 031.


                   SRI. C.S. HRITHWIK, SR. PUBLIC PROSECUTOR


THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
30.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.M.C. 8160/18                   -:3:-




                                 ORDER

Petitioners are accused Nos.1 and 3 in C.C. No.177 of 2013 on the file of the Judicial Magistrate of First Class, Vadakara. They are alleged to have committed the offences under Sections 323, 332 and 353 IPC.

2. The learned Public Prosecutor filed an application to withdrew from the prosecution. The petitioners did not appear. The learned Magistrate has issued non-bailable arrest warrant against them. The prayer in this petition is to direct the learned Magistrate to dispose of Annexure-II application filed by the learned Public Prosecutor and to consider the bail application that may be filed by the petitioners.

3. After hearing both sides I am satisfied that a direction may be issued to the learned Magistrate to dispose of Annexure- II application filed by the learned Public Prosecutor under section 321 Cr.P.C. expeditiously and the petitioners to surrender before the court below and apply for bail.

Crl.M.C. 8160/18 -:4:-

In the result, this Crl.M.C. is disposed of directing the petitioners to surrender before the court below within three weeks and apply for bail. The trial court may pass appropriate orders on the bail application. At the same time he shall dispose of Annexure-II application filed by the learned Public Prosecutor under Section 321 Cr.P.C. expeditiously.

Sd/-

K.ABRAHAM MATHEW JUDGE vps 30/11 Crl.M.C. 8160/18 -:5:- APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I CERTIFIED COPY OF THE FINAL REPORT IN C.C.NO.177/13 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, VADAKARA.

ANNEXURE II CERTIFIED COPY OF THE REPORT DATED 29/6/2018.

RESPONDENT'S/S' EXHIBITS:

NIL

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