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Abdul Rafeekh M.C vs The State Of Kerala on 28 February, 2020

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR

FRIDAY, THE 28TH DAY OF FEBRUARY 2020 / 9TH PHALGUNA, 1941

Crl.MC.No.1766 OF 2020(A)

CC 62/2019 OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE
,THALASSERY

CRIME NO.560/2018 OF Kadirur Police Station , Kannur

PETITIONER/ACCUSED NO.1:

ABDUL RAFEEKH M.C.,
AGED 42 YEARS,
S/O.ABDUL RAHIMAN, BISMILLA MANZIL,
MANAKKAI, MATTANNUR, KAYANI.P.O,
KANNUR DISTRICT,PIN-670702.

BY ADVS.
SRI.M.REVIKRISHNAN
SRI.AJEESH K.SASI
SRI.P.M.RAFIQ
SRI.THOMAS J.ANAKKALLUNKAL
SRI.V.C.SARATH
SRI.VIPIN NARAYAN
SRUTHY N. BHAT

RESPONDENT/COMPLAINANT:

THE STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, HIGH COURT .P.O,
ERNAKULAM-682031.

SRI.SANTHOSH PETER SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 28.02.2020, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
Crl.M.C.No.1766 of 2020 2

Crl.M.C.No.1766 of 2020
———————————————–
ORDER

The petitioner is the first accused in CC.No.62 of

2019 on the files of the Additional Chief Judicial Magistrate,

Thalassery.

2. The case arose from Crime No.560 of 2018 of

Kadirur Police Station registered for offences punishable under

Sections 406 and 498 A read with Section 34 of the Indian Penal

Code. It is stated that the petitioner was not apprehended at

the investigation stage, and the final report in the matter has

already been filed. It is also stated that since the petitioner was

out of India, the petitioner did not receive the summons issued

from the court and consequently warrant of arrest was issued

against him. It is also stated by the petitioner that if the

petitioner appears before the court with an application for bail,

in all probability, he is likely to be remanded. The petitioner,

therefore, seeks appropriate directions in this regard in this

matter.

Crl.M.C.No.1766 of 2020 3

3. Heard the learned Senior Counsel for the

petitioner as also the learned Public Prosecutor.

4. Insofar as offences alleged are only offences

punishable under Sections 406 and 498A read with Section 34

of the Indian Penal Code, there is no basis for the apprehension

expressed by the learned counsel for the petitioner that the

learned Magistrate would not grant bail to the petitioner in a

case of this nature. Nevertheless, having regard to the facts

and circumstances of the case and the orders passed by this

court in similar and identical matters, I deem it appropriate to

dispose of the Criminal M.C. directing the petitioner to

surrender before the Jurisdictional Magistrate within 10 days,

and directing the Jurisdictional Magistrate to enlarge the

petitioner on bail, if he prefers appropriate application for the

same on surrender. Ordered accordingly.

Sd/-

P.B.SURESH KUMAR, JUDGE.

YKB
Crl.M.C.No.1766 of 2020 4

APPENDIX
PETITIONER’S/S EXHIBITS:

ANNEXURE A TRUE COPY OF THE ORDER IN
CRL.M.C.NO.30 OF 2020 ON THE FILE OF
THE COURT OF SESSIONS,THALASSERY DATED
31.01.2020.

RESPONDENT’S/S EXHIBITS:

NIL

//TRUE COPY//

PA TO JUDGE

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