Kerala High Court
Muhammad Shihab @ Shihab vs State Of Kerala on 13 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 13TH DAY OF APRIL 2021 / 23RD CHAITHRA, 1943
Crl.MC.No.4953 OF 2020(H)
AGAINST THE ORDER/JUDGMENT IN CRMP 911/2020 OF DISTRICT COURT &
SESSIONS COURT, PALAKKAD
AGAINST THE ORDER/JUDGMENT IN CP 3/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS , PATTAMBI
CRIME NO.172/2019 OF THRITHALA POLICE STATION, PALAKKAD
PETITIONER/PETITIONER/ACCUSED :-
MUHAMMAD SHIHAB @ SHIHAB,
AGED 32 YEARS,
S/O. HAMZA, PANIKKAVEETTIL HOUSE,
NARANIPUZHA POST, MALAPPURAM DISTRICT.
BY ADV. SRI.V.A.JOHNSON (VARIKKAPPALLIL)
RESPONDENT/RESPONDENT & COMPLAINANT :-
STATE OF KERALA,
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA ,
ERNAKULAM 682 031.
PUBLIC PROSECUTOR SRI RAMESH CHAND
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
13.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No.4953 OF 2020(H)
2
ORDER
Petitioner challenges Annexures F and G.
Annexure F is an order issued by the Judicial
Magistrate of First Class, Pattambi refusing to
lift the condition No.2 in the Annxure B, bail
order dated 18.07.2019. Annexure G is the order
passed by the Sessions Court, Palakkad refusing to
interfere with the order of the learned Magistrate.
2. The offences alleged against the petitioner
are punishable under Sections 376(2)(n), 420 and
506(1) of the Indian Penal Code, apart from Section
119(b) of the Kerala Police Act.
3. Taking into consideration, the fact that
the petitioner has not surrendered the passport as
directed by the learned Magistrate. I am of the
view that this is not a fit case for interference.
4. However, the learned counsel for the
petitioner submits that petitioner is willing to
surrender the passport if a breathing time is
Crl.MC.No.4953 OF 2020(H)
granted and thereafter to move the court for
appropriate reliefs.
5. Taking note of the above submission and also
taking into consideration the fact that the
petitioner is eking out his livelihood abroad, it
is necessary that the interest of both the defacto
complainant as well as the accused are balanced, as
observed in Midhun v. State of Kerala & Another
(2019(5) KHC 177). In the aforesaid circumstances,
the petitioner is permitted to surrender the
passport within a period of four weeks from today
and if any appropriate applications are filed
seeking appropriate reliefs, the learned Magistrate
shall consider the same in accordance with law,
uninfluenced by the observations made in Annexures
F and G orders.
This Crl.M.C is disposed of as above.
Sd/-
BECHU KURIAN THOMAS
JUDGE
msp
Crl.MC.No.4953 OF 2020(H)
APPENDIX
PETITIONER'S/S ANNEXURES :-
ANNEXURE A HAND WRITTEN OF THE F.I STATEMENT IN CRIME
NO. 172 OF 2019 OF THRITHALA POLICE
STATION, PALAKKAD.
ANNEXURE B TRUE COPY OF THE ORDER IN CRL.M.C. NO.
2111/2019 OF THE COURT OF SESSION, PALAKKAD
DATED 18.07.2019.
ANNEXURE C TRUE COPY OF THE ORDER IN CRL.M.C. NO. 2588
OF 2019 OF THE COURT OF SESSION, PALAKKAD
DIVISION DATED 13.08.2020.
ANNEXURE D TRUE COPY OF THE ORDER IN CRL.M.P. NO. 3512
OF 2019 OF THE COURT OF SESSION, PALAKKAD
DIVISION DATED 30.10.2019.
ANNEXURE E TRUE COPY OF THE ORDER IN CRL.M.P. NO. 498
OF 2020 OF THE COURT OF SESSION, PALAKKAD
DIVISION DATED 07.02.2020.
ANNEXURE F TRUE COPY OF THE ORDER IN CRL.M.P. NO. 823
OF 2020 OF THE COURT OF THE JUDICIAL
MAGISTRATE OF FIRST CLASS, PATTAMBI DATED
28.02.2020.
ANNEXURE G FREE COPY OF THE ORDER IN CRL.M.P. NO.
911/2020 OF THE COURT OF SESSION, PALAKKAD
DIVISION DATED 27/7/20.
RESPONDENT(S)' ANNEXURES :- NIL
//TRUE COPY//
PA TO JUDGE
