Shafeer T. v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 17TH DAY OF SEPTEMBER 2015/26TH BHADRA, 1937 Crl.MC.No. 5651 of 2015 ----------------------------------- CRIME NO. 1258/2014 OF HOSDURG POLICE STATION , KASARAGOD DISTRICT ------------------ PETITIONER(S)/2ND ACCUSED :

------------------------------------------------ SHAFEER T, AGED 27 YEARS, S/O. T.KHADAR, KANDATHIL HOUSE, KOOLIYANGAL, KANGANGAD P.O, KASARGODE DISTRICT, NOW AT FLAT NO.401, P.O BOX NO.46121, ETISALAT BUILDING NEAR E VISION, ELECTRA STREET, ABU DHABI.

BY ADVS.SRI.ABU MATHEW SRI.AJU MATHEW RESPONDENT(S)/COMPLAINANT :

---------------------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, HOSDURG POLICE STATION, KASARAGOD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI- 682 031. BY PUBLIC PROSECUTOR SMT.P.MAYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Msd.

Crl.MC.No. 5651 of 2015 ------------------------------------ APPENDIX PETITIONER(S)' ANNEXURES :

ANNEXURE A-1:

CERTIFIED COPY OF THE FIR IN CRIME NO.1258 OF 2014 DATED 10-12-2014 SUBMITTED BY THE HOSDURG POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-1,HOSDURG ,KASARAGOD DISTRICT.

ANNEXURE A-2:

CERTIFIED COPY OF THE AGREEMENT DATED 05-04-2013 PRODUCED BY HOSDURG POLICE BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, HOSDURG, IN CRIME NO.1258 OF 2014.

ANNEXURE A-3:

ATTESTED COPY OF THE RELEVANT PAGES OF THE PASSPORT OF THE PETITIONER.

RESPONDENT(S)' ANNEXURES :

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

Msd.

B.KEMAL PASHA, J.

================ Crl.M.C. No. 5651 of 2015 ======================= Dated this the 17th day of September, 2015

O R D E R

Petitioner is the 2nd accused in Crime No.1258/2014 of Hosdurg Police Station, Kasaragod District, registered for the offences under Sections 465, 468 and 471 read with Section 34 IPC and Sections 65 and 66 of the Information Technology Act, 2000.

2. According to the petitioner, he was not involved in any of the acts allegedly committed by A1 as he had gone abroad after the period of his agreement with the 1st accused. The matter has to be investigated.

3. In case the petitioner has got a case that he was not present along with A1 and he had departed A1 after the completion of the period of agreement, it is for him to bring those matters to the notice of the Investigating Officer. So that, the matter can be investigated. Presently, this Crl.M.C

Crl.M.C. No. 5651 of 2015 is too premature and at this stage, it cannot be said that the offences alleged against the petitioner are not legally sustainable. The petitioner will get further opportunity on investigation.

With liberty to the petitioner to approach this Court or the appropriate forum, in case of any further grievance in the matter on the completion of the investigation, this Crl.M.C is closed.

Sd/- B.KEMAL PASHA, JUDGE stu