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Anil vs Ambili on 9 April, 2019

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

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