Murthalla Koya Thangal v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW TUESDAY, THE 2ND DAY OF JUNE 2015/12TH JYAISHTA, 1937 Crl.MC.No. 3201 of 2015 ------------------------------------- C.C.NO.227/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-III,THRISSUR ----------------- PETITIONER(S)/ACCUSED NOS.2 AND 3 :

--------------------------------------------------------------

1. MURTHALLA KOYA THANGAL, AGED 56 YEARS, S/O. KUNJI KOYA THANGAL, RUBY NIVAS, NALAM MILE, ERUMATHALA P.O., ALUVA.

2. RUMAIZA BEEVI, AGED 55 YEARS, W/O.MURTHALLA KOYA THANGAL, RUBY NIVAS, NALAM MILE, ERUMATHALA P.O., ALUVA.

BY SRI.P.VIJAYA BHANU (SENIOR ADVOCATE ) ADVS. SRI.M.REVIKRISHNAN SRI.VIPIN NARAYAN RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-06-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 3201 of 2015 ------------------------------------- APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A:

TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED FROM RAJAGIRI HOSPITAL, ALUVA, PERTAINING TO THE 2ND PETITIONER DATED 26.05.2015.

RESPONDENT(S)' ANNEXURES :

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

Msd.

K. ABRAHAM MATHEW, J.

==================== Crl. M.C. No. 3201 of 2015 ==================== Dated this the 2nd day of June, 2015

O R D E R

Petition filed under section 482 Cr.P.C.

2. Petitioners are accused 2 and 3 in C.C. No. 227 of 2011 on the file of the Judicial Magistrate of the First Class-III, Thrissur. On their failure to appear on a posting date of the case the learned Magistrate ordered issuance of arrest warrant against them. Later, they appeared along with a counsel. This was recorded by the learned Magistrate. But, when the case was taken up later in the course of day the petitioners left the court and the counsel was absent. So, the Magistrate cancelled the bail and initiated proceedings under section 446 of Cr.P.C. The prayer is to direct the Magistrate to grant bail to the petitioners on their surrender.

3. Heard.

4.Having regard to the facts of the case, I am inclined to grant the prayer of the petitioners. They shall appear before the Magistrate at 11 a.m. on 23.06.2015 and the learned Magistrate may grant the bail. But, this will not affect the

Crl. M.C. No. 3201 of 2015 ::2::

proceedings under section 446 Cr.P.C.

In the result, with the above observations this Crl. M.C. is disposed of.

Sd/- K. ABRAHAM MATHEW JUDGE DST //True Copy// P.A. To Judge