Kerala High Court
Muhammed Riyas vs State Of Kerala on 17 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942
Crl.MC.No.773 OF 2021(F)
AGAINST THE ORDER/JUDGMENT IN LP 43/2020 OF JUDICIAL MAGISTRATE OF
FIRST CLASS -IV,KOZHIKODE
CRIME NO.545/2010 OF NADAKKAVU POLICE STATION, KOZHIKODE
PETITIONERS/ACCUSED 1, 2 5 &7:
1 MUHAMMED RIYAS,
AGED 36 YEARS
S/O. ABDUL KHADER, ROSE HOUSE, KOTTOOLI P.O,
KOZHIKODE, PIN - 673016,
2 T.V. RAJESH,
AGED 37 YEARS
S/O. CHATHUKUTTY, KANTHODAN HOUSE, VILAYANKAVU P.O,
KANNUR, PIN - 670504.
3 DINESAN @ K.K. DINESAN,
AGED 39 YEARS
S/O.KUNHIRAMAN VAIDYAR, KARUVANKANDI HOUSE, AAKKAL
P.O, KAYAKKODI, THOTTIPALAM, PIN - 673513.
4 BHARADWAJ O.M
AGED 33 YEARS
S/O. MADHAVAN, OTTANGARATH HOUSE, PARAPPANPOYIL,
THAMARASSERY P.O, PIN - 673573.
BY ADVS.
SRI.T.A.SHAJI (SR.)
SRI.ATHUL SHAJI
SHRI.ANWIN JOHN ANTONY
RESPONDENTS/STATE AND DEFACTO COMPLAINANT:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, (REPRESENTING THE STATION HOUSE
OFFICER, NADAKKAVU POLICE STATION, KOZHIKODE)
OTHER PRESENT:
SR.PP.C.S.HRITHWIK
Crl.MC.No.773 OF 2021
2
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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3
ORDER
Dated this the 17th day of February 2021
Petitioners are accused Nos. 1, 2, 5 & 7 in L.P.
No.43/2020, originally numbered as C.C.No.
110/2019 on the files of the Judicial First Class
Magistrate Court-IV, Kozhikode. The case originated
from the Crime No.545/2010 of the Nadakkavu Police
Station, Kozhikode City, registered against petitioners
and almost 600 others, alleging commission of
offences under Section 143, 147, 452, 332, 353, 427
read with Section 149 of I.P.C and Section 3 of
Prevention of Damage to Public Property (PDPP) Act.
2. According to the petitioners, they were not
aware of the proceedings, and had they been served
with summons, they would have appeared before the
Court. Even though, the prayer in the Crl.M.C. is to
quash the proceedings against the petitioners,
learned Senior Counsel appearing for the petitioners
Crl.MC.No.773 OF 2021
submitted that the petitioners would be satisfied with
an order permitting them to surrender before the
Jurisdictional Court and a direction to the Court to
consider their bail applications on the date of
surrender.
In view of the limited relief sought, the Crl.M.C.
is disposed of, permitting the petitioners to surrender
before the Judicial First Class Magistrate Court-IV,
Kozhikode in L.P. No.43 of 2020 and move an
application for bail with advance notice to the Public
Prosecutor. In such event, the learned Magistrate
shall consider the bail application on the date of
surrender and pass appropriate orders on the same
day.
Sd/-
V.G.ARUN
JUDGE
NB
Crl.MC.No.773 OF 2021
APPENDIX
PETITIONERS'S EXHIBITS:
ANNEXURE A TRUE COPY OF THE F.I.R DATED 06.09.2010 IN
CRIME NO. 545/2010 OF NADAKKAVU POLICE
STATION, ALONG WITH THE F.I.S
ANNEXURE B TRUE COPY OF THE FINAL REPORT DATED
15.10.2010 IN CRIME NO. 545/2010 OF
NADAKKAVU POLICE STATION, ALONG WITH THE
MEMO OF THE EVIDENCE, STATEMENT OF WITNESS,
SCENE MAHAZAR AND FOUR WOUND CERTIFICATES
FILED ALONG WITH THE FINAL REPORT/CHARGE
SHEET.
