Preethi Kamalan v. Sreekumari Kamalan

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 Crl.MC.No. 6073 of 2014 () --------------------------- CMP 2698/2014 of JUDICIAL FIRST CLASS MAGISTRATE COURT-I,ATTINGAL CRIME NO. 883/2014 OF ATTINGAL POLICE STATION, THIRUVANANDAPURAM --------------------- PETITIONER/ACCUSED :

-------------------------------- PREETHI KAMALAN, AGED 27 YEARS, D/O.SREEKUMARI, 'KUKOO; NEAR ATTINGAL G.H.S.S. ATTINGAL, CHIRAYINKEEZHU TALUK, THIRUVANANTHAPURAM. BY ADVS.SRI.ZAKEER HUSAIN M.K.

SRI.THIRUMALA P.K.MANI RESPONDENTS/COMPLAINANT/STATE :

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1. SREEKUMARI KAMALAN, AGED 58 YEARS, W/O.KAMALAN, 'JOBS', POONTHI ROAD KUMARAPURAM, THIRUVANANTHAPURAM NOW RESIDING AT 'VILLA NO.31', JADE GRADEN VILLAGE, PEYAD.P.O-695573, THIRUVANANTHAPURAM.

2. SREEDHARAN KAMALAN, AGED 64 YEARS, S/O.SREEDHARAN, 'JOBS', POONTHI ROAD, KUMARAPURAM, THIRUVANANTHAPURAM NOW RESIDING AT 'VILLA NO.31', JADE GRADEN VILLAGE, PEYAD.P.O-695573, THIRUVANANTHAPURAM.

3. SUB INSPECTOR OF POLICE, ATTINGAL POLICE STATION, THIRUVANANTHAPURAM.

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

R1 & R2 BY ADV. SRI.POOVAPPALLY M.RAMACHANDRAN NAIR BY ADV. SRI.K.V.JAYAKUMAR R3 & R4 BY PUBLIC PROSECUTOR SRI. JIBU P. THOMAS THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

bp

Crl.MC.No. 6073 of 2014 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- ANNEXURE-A1: PHOTOCOPY OF THE COMPLAINT DATED 15.05.2014 FILED BY THE PETITIONER BEFORE THE MEDICAL COLLEGE,POLICE STATION. ANNEXURE-A2: COPY OF THE GENERAL DIARY OF THE MEDICAL COLLEGE POLICE STATION WHICH CONTAINS THE ACKNOWLEDGMENT ENDORSED BY THE IST AND 2ND RESPONDENT OBTAINED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT.

ANNEXURE-A3 COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE MEDICA COLLEGE POLICE STATION.

ANNEXURE-A4: COPY OF THE COMPLAINT DATED 11.06.2014 FILED BEFORE THE JUDICIAL IST MAGISTRATE COURT-I, ATTINGAL AS CMP NO.2698/2014 ANNEXURE-A5: COPY OF THE FIR IN CRIME NO.883/2014 OF ATTINGAL POLICE STATION.

RESPONDENT(S)' EXHIBITS :

NIL.

--------------------------------------- //TRUE COPY// P.A. TO JUDGE bp

B.KEMAL PASHA, J.

================ Crl.M.C. No. 6073 of 2014 ======================= Dated this the 19th day of March, 2015

O R D E R

The learned counsel for respondents 1 and 2 submits that respondents 1 and 2 are ready to surrender the passport of the petitioner before the court below on any day as may be suggested by this Court. It is hereby recorded that they have voluntarily expressed their willingness for the above.

2. The 2nd respondent is suffering from renal problems and he is on dialysis. Respondents 1 and 2 shall surrender the passport before the court below on 30.3.2015 from where the petitioner can get it back on conditions that may be imposed by the court below. This Crl.M.C is disposed of accordingly.

B.KEMAL PASHA, JUDGE stu