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
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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
