Nissam v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS FRIDAY, THE 26TH DAY OF JUNE 2015/5TH ASHADHA, 1937 Crl.MC.No. 2594 of 2015 ------------------------------------- CRIME NO. 405/2015 OF KUNNIKODE POLICE STATION, KUNNIKODE, KOLLAM DISTRICT ------------------ PETITIONER(S)/ACCUSED NO 1 TO 3 :

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1. NISSAM, AGED 34 YEARS, S/O.SULAIMANKUNJU, NEDUMANOOR KIZHAKKETHIL, PULIMUKKU, KUNNIKODE, VILAKKUDY VILLAGE.

2. VAHID @ ALIK, AGED 27 YEARS, S/O.ANDRUMAN, KUZHIVILA THADATHIL VEEDU, PULIMUKKU, KUNNIKODE, VILAKKUDY VILLEGE.

3. SIDDIQUE, AGED 30 YEARS, S/O.MUHAMMED HANEEFA, THEKKETHIL PUTHEN VEEDU, PULIMUKKU, KUNNIKODE, VILAKKUDY VILLEGE.

BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S)/STATE & COMPLAINANT :

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1. STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, (CRIME NO.405/2015) KUNNIKODE POLICE STATION. KUNNIKODE, KOLLAM DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, EERNAKULAM- 682 031.

2. CIRCLE INSPECTOR OF POLICE, PATHANAPURAM, KOLLAM DISTRICT- 689 695.

3. SURENDRAN, AGED 53 YEARS, S/O.RAVEENDRAN, VISHNULAL BHAVAN, CHAPPATHU MUKKU, MELILA EAST MURI, MELILA VILLEGE, KOLLAM DISTRICT- 691 508. R1 & R2 BY PUBLIC PROSECUTOR SMT.S.HYMA R3 BY ADV. SRI.T.K.BIJU (MANJINIKARA) THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 2594 of 2015 ----------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A1:

A TRUE COPY OF THE FIR IN CRIME NO.405/2015 OF KUNNIKODE POLICE STATION, KUNNIKODE.

ANNEXURE A2:

A TRUE COPY OF THE REQUEST OF THE 3RD RESPONDENT BEFORE THE 2ND RESPONDENT DATED 07-04-2015.

ANNEXURE A3:

AFFIDAVIT OF THE 3RD RESPONDENT.

RESPONDENT(S)' ANNEXURES :

NIL //TRUE COPY// P.A.TO JUDGE.

Msd.

ALEXANDER THOMAS, J.

----------------------------- Crl.M.C.No.2594 Of 2015 --------------------------------- Dated this the 26 th day of June, 2015.

O R D E R

Sri.R.Krishnakumar, learned counsel for the petitioners, submits that originally only three petitioners were shown as the three accused in the FIR and it was only after the filing of the Crl.M.C, that the Investigating Officer had submitted additional report to array additional two accused and that accordingly, he may be permitted to withdraw the Crl.M.C with liberty to file a fresh Crl.M.C to array all the five accused as petitioners.

In view of the above submission, the Crl.M.C is dismissed as withdrawn with the above said liberty.

ALEXANDER THOMAS, Judge.

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