Ahammed K.P. v. The Station House Officer, Chandera Police Station
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE P.UBAID THURSDAY, THE 5TH DAY OF FEBRUARY 2015/16TH MAGHA, 1936 Crl.MC.No. 634 of 2015 ------------------------ IN CC 2822/2013 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT -I, HOSDRUG CRIME NO. 904/2012 OF CHANDERA POLICE STATION , KASARGOD PETITIONERS/SURETIES:
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1. AHAMMED K.P, AGED 30 YEARS, S/O.MOIDU, KALLOORAVI, KANHANGAD P.O, KASARAGOD DT.
2. SHAMSUDEEN C.H, S/O.C.H.MOIDU, CHIRAMMAL HOUSE, KALLORAVI, KANHANGAD P.O., KASARAGOD DT.
BY ADVS.SRI.K.R.AVINASH (KUNNATH) SRI.ABDUL RAOOF PALLIPATH RESPONDENTS/DEFACTO COMPLAINANT AND STATE:
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1. THE STATION HOUSE OFFICER, CHANDERA POLICE STATION, KASARAGOD-671310.
2. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.
R1 & R2 BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05-02-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 634 of 2015 APPENDIX PETITIONER'S ANNEXURES:
ANNEXURE 1: COPY OF THE ORDER IN CRL.M.C NO.2839/2014. ANNEXURE 2: COPY OF THE ADVANCE HEARING PETITIONS. RESPONDENT'S ANNEXURES:
NIL //TRUE COPY// P.A TO JUDGE ab
P.UBAID, J.
--------------------------------------- Crl.M.C No.634 of 2015 --------------------------------------- Dated this the 5th day of February, 2015 O R D E R The petitioners herein are the sureties of the accused in C.C No.2822/2013 of the Judicial First Class Magistrate Court I, Hosdurg. They have produced their original title deeds in court. Now they want the original documents for some purposes and they made application before the learned Magistrate. Their grievance is that the learned Magistrate has declined the request to return the documents. It is submitted that sustainability of the prosecution is now under challenge before the Division Bench. The prayer of the petitioners is not for discharge as sureties. They will continue as sureties, but they want their original title deeds. This will have to be considered by the trial court.
If the petitioners want their original title deeds for some purposes, it will have to be returned by receiving copy of the title deeds. The petitioners can approach the trial court again, make application, and submit the copy of the title deeds. Accordingly, this Criminal Miscellaneous Case is closed. P.