Ashraf vs State Of Kerala
2022 Latest Caselaw 4961 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
             THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
     WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
                       CRL.MC NO. 2863 OF 2022
AGAINST THE ORDER/JUDGMENT IN ST 68/2019 OF JUDICIAL MAGISTRATE OF
                      FIRST CLASS -II, VADAKARA
PETITIONER/ACCUSED:

          ASHRAF
          AGED 46 YEARS
          S/O AMMATH
          KURUNNAN THACHOLI VEETTIL HOUSE
          THIRUVALLUR, CHANIYAMKADAVU ( P O )
          KOZHIKKODE DISTRICT
          PIN - 673541

          BY ADVS.
          K.REEHA KHADER
          RESHMA R.NAIR


RESPONDENTS/COMPLAINANT/STATE:

    1     STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
          PIN - 682031

    2     ABDUL RAZAK . P P
          AGED 33 YEARS
          S/O ALI ,
          PUTHANPUTRAYIL , VADAYAM , KAKKATTIL
          KOZHIKKODE DISRICT
          PIN - 673507

          ADV.ARAVIND V.MATHEW - PP


     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 CRL.MC NO. 2863 OF 2022

                                      2


                     SOPHY THOMAS, J.
               ===========================
                     Crl.M.C.2863 of 2022
               ============================
                   Dated this the 4th day of May, 2022


                                  ORDER

This is a petition filed by the sole accused in ST 68/2019

on the file of JCM-II, Vatakara. On 25.03.2022, the case was

posted for examination of witness. On that day, learned counsel

for the petitioner could not appear, to examine the witness. So

he filed a petition to re-open the evidence under Section 311 of

Cr.P.C. That was allowed as per Annexure A1 order, on

condition to pay cost of Rs.10,000/-(Rupees ten thousand only)

to PW1, against which the petitioner has approached this Court.

2. Heard the learned counsel for the petitioner as well as

the Learned Public Prosecutor.

3. The learned counsel for the petitioner submitted that

the petitioner is financially unstable to pay Rs.10,000/-(Rupees

ten thousand only) as cost. The cost awarded is definitely on CRL.MC NO. 2863 OF 2022

the higher side. Considering the facts and circumstances of the

case, this Court is inclined to modify and reduce the cost

ordered to Rs.2000/- (Rupees two thousand only). Ext.A1 order

is upheld subject to modification of the cost amount to Rs.2000/-

(Rupees two thousand only).

This Criminal M.C is disposed of.

Sd/-

SOPHY THOMAS JUDGE ssa/ CRL.MC NO. 2863 OF 2022

APPENDIX OF CRL.MC 2863/2022

PETITIONER'S ANNEXURE

Annexure A1 A TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL MAGISTRATE OF THE FIRST CLASS -II COURT VATAKARA, DATED 26-03-2022