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Rafeek vs State Of Kerala on 2 November, 2018

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE SUNIL THOMAS

FRIDAY ,THE 02ND DAY OF NOVEMBER 2018 / 11TH KARTHIKA, 1940

Crl.MC.No. 7343 of 2018

AGAINST THE ORDER/JUDGMENT IN CC 5612/2013 of J.M.F.C.,
KODUNGALLUR

CRIME NO. 1533/2013 OF MATHILAKOM POLICE STATION , THRISSUR

PETITIONER/ACCUSED 1 2:

1 RAFEEK,
AGED 35 YEARS
S/O.MAJEED, MADATHIPARAMBIL HOUSE,
KOOLIMUTTAM, KODUNGALLUR TALUK.

2 AISHABI, AGED 63 YEARS
W/O. MAJEED, MADATHIPARAMBIL HOUSE,
KOOLIMUTTAM, KODUNGALLUR TALUK.

BY ADVS.
SRI.M.SHAJU PURUSHOTHAMAN
SRI.K.S.RAJESH

RESPONDENT/COMPLAINANT:

STATE OF KERALA
REP. BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
REPRESENTING THE S.I.OF POLICE,
MATHILAKAM-682 031.

OTHER PRESENT:
T.R RENJITH PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
02.11.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 7343 of 2018

2

O R D E R

Petitioners stand arrayed as the accused Nos.1

and 2 in Crime No.1533/2013 of Mathilakam Police

Station for offences punishable under Sections 323,

406, 498A read with 34 of IPC. After

investigation, final report was laid and the matter

is now pending as C.C. No.5612/2013 of Judicial

First Class Magistrate Court, Kodungalloor.

2. According to the petitioners, the 1st

petitioner was abroad and he was not aware of the

pendency of the proceedings. 2nd petitioner is an

aged woman and she was also not aware of the

proceedings. In the meanwhile, the parties are

stated to have resolved their disputes.

Petitioners have approached this Court with a

limited prayer for a direction to permit them to

surrender before the trial court and to participate

in the future proceedings. It is apprehended that

since warrant has already been issued, there is a
Crl.MC.No. 7343 of 2018

3

likelihood of their application for bail not being

taken up on the same day of surrender and there is

a possibility of remand.

3. Having considered the fact that the

petitioners herein stand arrayed in an offence

under Section 498A, which essentially discloses a

matrimonial discord, which is also stated to be

settled, I feel that the relief sought by the

petitioners is liable to be granted. Hence, I am

inclined to direct the petitioners to surrender

before the trial court within 10 working days from

today. If they surrender and file application for

recalling warrant and for bail, the court below

shall take up the applications on the date of their

appearance and pass appropriate orders on the same

day having regard to the fact that the dispute is

only a matrimonial dispute and in the light of the

observations made above.

Crl.M.C. is disposed of as above. The warrant,

if any, issued from the court below will be kept in
Crl.MC.No. 7343 of 2018

4

abeyance till their actual date of appearance

within the above 10 days.

Sd/-

SUNIL THOMAS, JUDGE
Crl.MC.No. 7343 of 2018

5

APPENDIX

PETITIONER’S/S EXHIBITS:

ANNEXURE A THE TRUE COPY OF THE RELEVANT PAGES OF
THE FINAL REPORT DATED 23.9.2013.

ANNEXURE B THE TRUE COPY OF THE UNDERTAKING ISSUED
BY THE FATHER OF THE DE-FACTO
COMPLAINANT TO THE 1ST ACCUSED DATED
15.8.2014.

Pn 03/11

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