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Tariq Bin Thajudeen vs State Of Kerala Through The Sub … on 14 May, 2019

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

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