IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANNIE JOHN
TUESDAY, THE 14TH DAY OF MAY 2019 / 24TH VAISAKHA, 1941
Crl.MC.No. 3288 of 2019
IN THE MATTER OF CC 707/2013 PENDING AS LP NO.42/2016 ON THE FILE
OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE (EO), ERNAKULAM WHICH
AROSE IN CRIME NO.1150/2011 OF KADAVANTHRA POLICE STATION,
ERNAKULAM
PETITIONERS:
1 TARIQ BIN THAJUDEEN,
AGED 37 YEARS, S/O. M.K THAJUDEEN, FLAT NO. 605,
A1 NASSAR BUILDING, ABU SHAGARAH, NEAR NEPOLI
FURNITURE, SHARJAH, UAE, HAVING PERMANENT RESIDENCE
AT THARIQ MAHAL, 2ND MILE STONE, KILIKOLLOOR,
KOLLAM, KERALA.
2 MUNEERA THAJUDEEN,
AGED 64 YEARS, W/O. THAJUDEEN, FLAT NO. 605,
A1 NASSAR BUILDING, ABU SHAGARAH, NEAR NEPOLI
FURNITURE, SHARJAH, UAE, HAVING PERMANENT RESIDENCE
AT THARIQ MAHAL, 2ND MILE STONE, KILIKOLLOOR,
KOLLAM, KERALA.
3 SHERIN THAJUDEEN,
AGED 40 YEARS, D/O. THAJUDEEN, FLAT NO. 605,
A1 NASSAR BUILDING, ABU SHAGARAH, NEAR NEPOLI
FURNITURE, SHARJAH, UAE, HAVING PERMANENT RESIDENCE
AT THARIQ MAHAL, 2ND MILE STONE, KILIKOLLOOR,
KOLLAM, KERALA.
BY ADV. SRI.K.A.MANZOOR ALI
RESPONDENTS:
1 STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE,
KADAVANTHRA POLICE STATION REPRESENTED BY PUBLIC
PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 NAZIA KABEER,
AGED 30 YEARS, (HAVING PERMANENT ADDRESS AT 11B,
ASTER AVENUE, SOUTH PONNETH ROAD, KADAVANTHARA,
Crl.MC.No.3288/2019
2
COCHIN 20 AND CURRENTLY RESIDING AT FLAT NO. 43,
BLDG NO. 193, ROAD 1204, MANAMA, BAHRAIN)
SMT.M.K.PUSHPALATHA, PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.05.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.3288/2019
3
O R D E R
The petitioners herein are accused Nos.1, 2
and 4 in CC.No.707/2013 pending as LP No.42/2016
on the files of the Additional Chief Judicial
Magistrate(Economic Offences), Ernakulam in Crime
No.1150/2011 of the Kadavanthara Police Station
for offences punishable under Sections 498A, Section406,
Section120(b) and Section34 of the Indian Penal Code which was
registered on the basis of the complaint filed by
the 2nd respondent.
2. The 3rd accused was the father of the 1 st
petitioner and he is no more. According to
petitioners 1 and 4, they were working in Dubai.
During the pendancy of said case, the dispute
between the 1st petitioner and the 2nd respondent
was adjudicated by the Sharia court, Sharja in
U.A.E. Thereafter, the petitioners came to know
about the pendancy of warrant before the
Additional Chief Judicial Magistrate (Economic
Crl.MC.No.3288/2019
4
Offences), Ernakulam. Thereafter, they filed
Crl.MC.No.7547/2017 to quash the aforesaid case
and thereafter, the petitioners approached the
Court seeking enlargement of time for surrendering
before the court below since they did not get
leave from their workplace. But the same was
dismissed. Now, the petitioners apprehend that
they will be arrested in the meanwhile on the
basis of warrant. The petitioners are ready to
appear before the court below as directed in
Annexure A1 judgment and file application for
recalling the warrant as well as the bail
application. In such circumstances, the
petitioners seek interference of this Court to
grant a direction to the court below to recall the
warrant and release the petitioners on bail by
considering the applications on the same day
itself.
3. As per Annexure A1 judgment, the
petitioners were directed to surrender before the
Court within a period of three weeks from the date
Crl.MC.No.3288/2019
5
of order ie., on 29.01.2019. The case of the
petitioners is that they have not obtained leave
from the concerned workplace and therefore, they
would not surrender before the court. Now, they
are ready to surrender before the court.
4. I have heard the learned Public Prosecutor
as well.
Considering the facts and circumstances of the
case, the Additional Chief Judicial
Magistrate(EO), Ernakulam is directed to consider
the bail applications of the petitioners on their
surrender on or before 31.05.2019. If applications
seeking bail is filed, the same shall be
considered and orders shall be passed on merits on
the same day itself. Till then, the warrant is
kept in abeyance.
This Criminal Miscellaneous Case is disposed
of as above.
Sd/-
ANNIE JOHN
JUDGE
YKB
Crl.MC.No.3288/2019
6
APPENDIX
PETITIONER’S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF THE JUDGMENT IN CRL MC NO.
7547/2017 DATED 29-01-2019 OF THIS
HON’BLE COURT.
RESPONDENT’S/S EXHIBITS:
NIL
//TRUE COPY//
PA TO JUDGE
YKB
