Sulaikha vs State Of Kerala
2021 Latest Caselaw 12071 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

     FRIDAY, THE 16TH DAY OF APRIL 2021 / 26TH CHAITHRA, 1943

                      Crl.MC.No.2246 OF 2021(A)

 AGAINST THE ORDER/JUDGMENT IN ST 45/2020 OF JUDICIAL FIRST CLASS
                    MAGISTRATE COURT-II, TIRUR


PETITIONER/ACCUSED:

             SULAIKHA
             AGED 54 YEARS
             W/O. HANEEFA,
             MOOSANTEYPURAKKAL HOUSE,
             P. O. KOTTAYI, TIRUR, MALAPPURAM - 676562.

             BY ADVS.
             SRI.P.C.ANIL KUMAR
             SRI.MANU.M.THOMAS

RESPONDENTS/COMPLAINANT:

      1      STATE OF KERALA
             REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
             KERALA, ERNAKULAM - 682 031.

      2      AL MADEENA JEWELLERY
             REPRESENTED BY ITS MANAGING PARTNER MOIDEEN KUTTY @
             BHAVA, ALATHIYOOR, ALATHIYOOR P. O., TIRUR,
             MALAPPURAM - 676102.



             GOVERNMENT PLEADER ADV.SRI C M KAMMAPPU

     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.04.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No.2246 OF 2021

                                    2




                                 ORDER

Dated this the 16th day of April 2021

The learned counsel for the petitioner submits

that, the petitioner is a lady, who is now arrayed as an

accused in ST 45/2020 of the Judicial First Class Magistrate

Court-II, Tirur. The case was originally before the Judicial

First Class Magistrate Court-I, Tirur, as CC No.104/2018 and

subsequently, the same was transferred. Those who were

taken bail before the former court when the case was

transferred she was not aware of the same and hence due to

non appearance, the non-bailable warrant or bail bond has

been forfeited and the non-bailable warrant has been issued.

Proceedings under Sections 82 and 83 of the Cr.P.C. has also

been initiated. It is also submitted that the petitioner is

willing to appear before the Magistrate Court and take fresh

bail.

2. Having regard to the circumstances of the case, I

am of the view that the non-bailable warrant issued against

the petitioner shall be kept in abeyance to enable the Crl.MC.No.2246 OF 2021

petitioner to obtain bail from the Judicial First Class

Magistrate Court-II, Tirur.

Accordingly, all proceedings initiated under

Sections 82 and 83 Cr.P.C. shall stand stayed for a period of

two months and the non-bailable warrant issued also be kept

in abeyance to enable the petitioner to applied for bail before

the Judicial First Class Magistrate Court-II, Tirur. The said

application so filed before the Magistrate shall consider and

pass appropriate orders on the same day itself.

The Crl. M.C. is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE SMF Crl.MC.No.2246 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

ANNEXURE A1 A DOWNLOADED COPY OF THE PROCEEDINGS DATED 24.02.2020 IN ST 45/2020 ON THE FILE OF THE JFCM-II, TIRUR.

ANNEXURE A2 A DOWNLOADED COPY OF THE PROCEEDINGS DATED 01.03.2021 IN ST 45/2020 ON THE FILE OF THE JFCM-II, TIRUR.

//TRUE COPY// PA TO JUDGE