Gassali Makkunnath ... vs State Of Kerala
2023 Latest Caselaw 11773 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
                 THE HONOURABLE MR. JUSTICE GOPINATH P.
   THURSDAY, THE 16TH DAY OF NOVEMBER 2023 / 25TH KARTHIKA, 1945
                        CRL.MC NO. 6643 OF 2023
  CRIME NO.616/2022 OF Ernakulam South Police Station, Ernakulam
AGAINST THE ORDER/JUDGMENT CP 25/2022 OF ADDITIONAL CHIEF JUDICIAL
                       MAGISTRATE (E&O),ERNAKULAM
PETITIONER/S:

          GASSALI MAKKUNNATH PUTHENPURAYIL @ MAJEED
          AGED 53 YEARS
          HAVING PERMANENT RESIDENCE AT SHARMEES HOUSE, OTTAMAVU
          BHAGOM, VETTILAPPALLI, MARAKKAR KANDI KARA, TANA P.O.,
          KANNUR TALUK, KANNUR DISTRICT, PIN - 670011

          BY ADVS.
          GODWIN JOSEPH
          ARUN BABU B.
          ANILKUMAR V.



RESPONDENT/S:

          STATE OF KERALA
          REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
          ERNAKULAM, THROUGH STATION HOUSE OFFICER, ERNAKULAM
          TOWN SOUTH POLICE STATION, ERNAKULAM DISTRICT, PIN -
          682031


OTHER PRESENT:

          SRI VIPIN NARAYAN (SR PP)




     THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
16.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl. M.C. No.6643/2023                    -2-

                                     ORDER

Petitioner is the 3rd accused in Crime No.616/2022 of Ernakulam Town South

Police Station, Ernakulam which is now pending as CP No.25/2022 on the file of

the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam.

The only relief sought for by the petitioner, who is stated to be abroad is to stay the

coercive proceedings against the petitioner including Lookout Notice and permit

the petitioner to surrender before the before the jurisdictional court and seek bail.

2. The learned Public Prosecutor submits that the petitioner has been

absconding and absconding chargesheet has been filed against him.

3. Having heard the learned counsel for the petitioner and the learned

Public Prosecutor and considering the limited nature of relief sought for by the

petitioner, I am of the view that this Crl. M.C can be disposed of directing that on

the petitioner arriving in India his arrest shall be recorded and he shall be produced

before the Additional Chief Judicial Magistrate (Economic Offences) Court,

Ernakulam on the same day. If any bail application is filed by the petitioner before

the Additional Chief Judicial Magistrate (Economic Offences) Court, Ernakulam on

the date of production, the same shall be considered by that court on the same day.

The petitioner shall be entitled to the benefit of this order only if he arrives in

India within a period of two weeks from today.

Crl.M.C is disposed of as above.

Sd/-

GOPINATH P.

JUDGE AMG

APPENDIX OF CRL.MC 6643/2023

PETITIONER ANNEXURES

Annexure A A TRUE COPY OF THE FIR DATED 18.05.2022 IN CRIME NO.

616/2022 OF ERNAKULAM TOWN SOUTH POLICE STATION.

Annexure B A TRUE COPY OF THE FINAL REPORT DATED 06.09.2022 IN CRIME NO. 616/2022, PENDING AS C.P. NO. 25/2022 BEFORE THE HON'BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT (ECONOMIC OFFENCES), ERNAKULAM.

Annexure C A TRUE COPY OF THE DRIVING LICENSE NO. 270052508527 DATED 28.06.2021 ISSUED FROM THE GENERAL DEPARTMENT OF TRAFFIC, MINISTRY OF INTERIOR, STATE OF KUWAIT.

Annexure D A TRUE COPY OF THE RESIDENCY PERMIT NO. V196465 DATED 27.04.2022 ISSUED TO THIS PETITIONER FROM THE STATE OF KUWAIT.