IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
TUESDAY, THE 09TH DAY OF APRIL 2019 / 19TH CHAITHRA, 1941
Crl.MC.No. 1797 of 2019
AGAINST THE ORDER/JUDGMENT IN CC 492/2016 of JUDICIAL MAGISTRATE
OF FIRST CLASS – II, MAVELIKKARA
PETITIONER/S:
ANIL
AGED 38 YEARS
S/O KOTTUKUTTAN PILLAI, PERUMPALLY KIZHAKKETHIL,
PALAMEL MURI, NOORANADU VILLAGE, MAVELIKARA,
ALAPPUZHA DISTRICT.
BY ADVS.
SRI.S.SHANAVAS KHAN
SMT.S.INDU
RESPONDENT/S:
1 AMBILI, AGED 28 YEARS
D/O SREEDEVI, KALIYIKKAL PADEETTATHIL PANDALAM
VILLAGE, ADOOR TOWN, PATHANAMTHITTA DISTRICT-
689545.
2 THE STATE OF KERALA,REPRESENTED BY THE PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY ADV. SRI.NIDHI BALACHANDRAN
OTHER PRESENT:
SRI.SAIGI JACOB PALATTY, PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON
09.04.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
ALEXANDER THOMAS, J.
Crl.M.C.No. 1797 of 2019
Dated this the 9th day of April, 2019
ORDER
It is stated that the petitioner is the 1 st accused in C.C.No.
492/2016 on the file of the Judicial First Class Magistrate’s Court-II,
Mavelikkara, for offence punishable under Secs.323, 294(b), 498A
and 506 of the I.P.C. on the basis of the complaint of the 1 st
respondent defacto complainant. The gist of the prosecution case is
that gold ornaments given to her at the time of her marriage were
misused by the petitioner, who is working in a gulf country and she
was harassed by demanding more dowry. The accused was arrested
and produced before the court below and he was granted bail as per
Anx.A order dated 8.3.2017 of the Judicial First Class Magistrate’s
Court-II, Mavelikkara with directions to execute bond for
Rs.25,000/- with two solvent sureties for the like sum each and to
surrender the passport of the petitioner within 5 days of his release
with a further condition that he shall not leave India without
permission of the court below. That as the petitioner had to reach his
workplace by second week of April, 2017, he approached this Court by
filing Crl.M.C.No. 2380/2017, as per the order in which, this Court
directed the court below to permit the petitioner to go abroad for two
Crl.M.C.1797/19 – : 3 :-
years initially imposing necessary conditions. It is stated that the
initial two years’ period granted expired on 4.4.2019 and the
petitioner’s presence before the court below is not required as the
case has not reached the stage of trial. It is also stated that the
petitioner has to reach his workplace on 15.4.2019. The petitioner
requires further extension of time. It is in the above circumstances
that the petitioner has filed the above Crl.M.C. without the following
prayer:
“…. to extend the time granted in Annexure B Order for a further
period of two years, by allowing this Criminal Miscellaneous Case.”
2. Heard Sri. S.Shanavas Khan, learned counsel appearing
for the petitioner accused, Sri.Nidhi Balachandran, learned counsel
appearing of R-1 and Sri.Amjad Ali, learned Prosecutor appearing for
the 2nd respondent State.
3. Having heard both sides, this Court is of the view that, in
view of the directions already issued by this Court in Anx.B order
dated 4.4.2017 in Crl.M.C.No. 2380/2017, necessary directions could
be issued in this case as well. Accordingly, it is ordered that the time
limit ordered by this Court in Anx. B order granting permission to the
petitioner to go abroad will stand extended till 31.3.2020, provided
the petitioner files an affidavit before the Judicial First Class
Crl.M.C.1797/19 – : 4 :-
Magistrate’s Court-II, Mavelikkara, who is dealing with C.C.No.
492/2016 that he will return back to India as and when required by
that court.
The Registry will forward a copy of this order to the said trial
court for necessary information.
With these observations and directions, the above Crl.M.C.
stands finally disposed of.
Sd/-
sdk+ ALEXANDER THOMAS, JUDGE
Crl.M.C.1797/19 – : 5 :-
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A TRUE COPY OF THE ORDER DATED 8.3.2017 IN
CC.492/2016 OF THE JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, MAVELIKARA
ANNEXURE B TRUE COPY OF THE ORDER DATED 4.4.2017 IN
CRLMC.2380/2017 OF THIS HON’BLE COURT
ANNEXURE C TRUE COPY OF THE DOCUMENT EVIDENCING THE
ARRIVAL OF PETITIONER FROM RIYADH TO
THIRUVANANTHAPURAM
ANNEXURE D TRUE COPY OF THE EXIT-RE ENTRY VISA OF THE
PETITIONER