Imthiyas Ummar Kashakkai v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 Crl.MC.No. 4233 of 2015 ---------------------------------- CC 270/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT -II, KANNUR CRIME NO. 189/2009 OF VALAPPATANAM POLICE STATION, KANNUR ......

PETITIONER(S)/1ST ACCUSED:

------------------------------------------- IMTHIYAS UMMAR KASHAKKAI, S/O.UMMER ABOOBACKER, AGED 44 YEARS, HAVVABAIZ, PULOOPPI, KOTTALI P.O., KANNUR DISTRICT.

BY ADVS.SRI.SIJU KAMALASANAN SRI.A.MUHAMMED RAFFI SMT.S.SEETHA RESPONDENT(S):

------------------------- STATE OF KERALA THROUGH SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM.

BY PUBLIC PROSECUTOR SRI.DHANESH MATHEW MANJOORAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: msv/

Crl.MC.No. 4233 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

ANNEXURE 1: THE COPY OF PRIVATE COMPLAINT IN CRIME NO.189/2009 OF VALAPATTANAM POLICE STATION.

ANNEXURE 2: THE COPY OF FIR IN CRIME NO.189/2009 OF VALAPATTANAM POLICE STATION.

ANNEUXRE 3: THE COPY OF FINAL REPORT IN CRIME NO.189/2009 OF VALAPATTANAM POLICE STATION.

ANNEXURE 4: THE COPY OF JUDGMENT IN CC NO.281/2010 ON THE FILE OF JFMC-II, KANNUR DATED 25.2.2014.

RESPONDENT(S)' ANNEXURES:

NIL //TRUE COPY// P.S.TO JUDGE Msv/

K. ABRAHAM MATHEW, J.

--------------------------- Crl.M.C. No.4233 of 2015 -------------------------------------------- Dated this the 9th day of July 2015

O R D E R

Petition filed under Sec.482 Cr.P.C.

2. Petitioner is the 1st accused in Crime No.189 of 2009 of Valapattanam Police station registered for the offences under Secs.498A and 506(ii) read with Sec.34 of the Indian Penal Code. As he failed to appear before the court, the case against him was split up by the Judicial First Class Magistrate-II, Kannur in whose court the case was pending and the case against the other accused was proceed with. The case against the petitioner was refiled as C.C. No.270 of 2014.

3. Heard.

4. Learned counsel submits that the petitioner is ready to surrender before the trial court. His prayer is to direct the learned Magistrate to recall the warrant and consider the bail application that may be filed by him on the same day.

5. It is not proper for this court to interfere with

Crl.M.C. No.4233 of 2015 2 the discretion of the learned Magistrate. No direction can be issued to recall the warrant which was issued in accordance with the provisions under the Code of Criminal Procedure. If the petitioner had not been released on bail before he absconded, the learned Magistrate may take it into account while passing an order on the bail application that may be filed by him. In the result, this Crl.M.C. is dismissed.

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