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Cc 500/2014 Of J.M.F.C. vs Tojo Kurian on 8 August, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

TUESDAY, THE 8TH DAY OF AUGUST 2017/17TH SRAVANA, 1939

Crl.MC.No. 5903 of 2014 ()
—————————
CC 500/2014 of J.M.F.C.,PALA

PETITIONER(S)/ACCUSED:
———————

1. TOJO KURIAN
RESIDING AT KOTTACKAL HOUSE,
IDAMATTAM P.O.,
KOTTAYAM, PRESENTLY
RESIDING AT P.O.BOX NO. 915, ABUDHABI, UAE.

2. KURUVILA
RESIDING AT KOTTACKAL HOUSE, IDAMATTAM.P.O.,
KOTTAYAM

3. MARYKUTTY
RESIDING AT KOTTACKAL HOUSE, IDAMATTAM.P.O.,
KOTTAYAM

BY ADV. SRI.B.KRISHNA MANI

RESPONDENT(S)/COMPLAINANT/DEFACTO COMPLAINANT AND THE STATE:
————————————————————

1. THE ADDITIONAL SUB INSPECTOR OF POLICE
PALA POLICE STATION,PALA,
KOTTAYAM DISTRICT – 686 575.

2. MARY SELIN
ARATTUKULAM VEEU, KATTOORKARA, KALAVOOR
VILLAGE, KALAVOOR POST,
ALAPPUZHA DISTRICT – 688 522.

3. THE STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM

R2 BY ADV. SRI.JOSHI N.THOMAS

BY PUBLIC PROSECUTOR SRI.C.K. PRASAD

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD
ON 08-08-2017, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:

B. SUDHEENDRA KUMAR, J.

————————————————-
Crl.M.C. No. 5903 of 2014
————————————————-

Dated this the 8th August, 2017

ORDER

The second petitioner is reported no more. The first

and the third petitioners are accused in C.C. No. 500 of

2014 on the files of the court below. The offences

alleged are the offences under Sections 498A and 494 read

with Section 34 IPC.

2. The above case is a warrant trial case.

Therefore, the first and the third petitioners shall be at

liberty to raise all their contentions before the trial court

and plead for discharge under Section 239 Cr.P.C. For the

said reason, I am not inclined to entertain this Crl.M.C.

In this result, this Crl. M.C. stands closed.

Crl.M.C. No. 5903 of 2014

-2-

However, the first and the third petitioners shall be

granted exemption from personal appearance before the

court below on all posting dates except when their

presence is necessary for the progress of the case, if the

first and the third petitioners file application in this

regard before the court below after their appearance in

person before the court below within 30 days from today.

Sd/-B. SUDHEENDRA KUMAR, JUDGE.

ani/

/truecopy/

P.S. toJudge

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