Kerala High Court
Sulaikha vs The State Of Kerala on 8 November, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
2024:KER:83711
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
CRL.MC NO. 1773 OF 2019
CRIME NO.1700/2013 OF VIYYUR POLICE STATION, THRISSUR
AGAINST CC NO.2246 OF 2015 OF JUDICIAL MAGISTRATE OF FIRST
CLASS -I,THRISSUR
PETITIONER/FIRST ACCUSED:
SULAIKHA,
AGED 42 YEARS
W/O.LATE PERUKKEDAYIL ABDULLA,
CHERUKAVU VILLAGE, KAKKAD DESOM, ERANAD TALUK,
D/O.MUKKEN POKKER NOW RESIDING AT HOUSE
NO.XVII/155, VADAMA VILLAGE,
MALA GRAMA PANCHAYAT,
MUKUNDAPURAM TALUK.
BY ADV.
B. KRISHNA MANI
RESPONDENTS/STATE AND COMPLAINANT:
1 THE STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM.
2 THE SUB INSPECTOR OF POLICE,
VIYYUR POLICE STATION,
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CRL.M.C. NO.1773 OF 2019
2
THRISSUR-680010.
BY ADV.
SMT. NIMA JACOB - PUBLIC PROSECUTOR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 08.11.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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CRL.M.C. NO.1773 OF 2019
3
P.V.KUNHIKRISHNAN, J
===========================
Crl.M.C. No. 1773 of 2019
==============================
Dated this the 8th day of November, 2024
ORDER
This Criminal Miscellaneous Case is filed to quash the
proceedings in C. C. No.2246/2015 on the files of the Judicial
First Class Magistrate Court - I, Thrissur arising from Crime
No.1700/2013 of Viyyur Police Station. The above case is
charge sheeted alleging offences punishable under Sections
406, 420, 461, 381 and 506(i) read with Section 34 of the
Indian Penal Code.
2. According to the petitioner, even if the entire
allegations are accepted, in the light of the judgment decree
as evident by Annexures 3 and 4, the prosecution is
unsustainable.
3. Even though this Crl.M.C. is pending before this
Court from 2019 onwards, no stay was granted by this Court.
Now, as per e-courts service website, coercive steps is taken
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CRL.M.C. NO.1773 OF 2019
against the petitioner and Section 82 and 83 Cr.PC steps is
also pending. An absconding accused is not entitled any
discretionary relief from this Court. At this stage, the
learned counsel for the petitioner submitted that the
petitioner is ready to surrender before the jurisdictional
court. If that is the case, the petitioner can surrender before
the court and there can be a direction to consider the bail
application and the petitioner can file discharge petition also
before jurisdictional Court. Therefore, this Crl.M.C. is
disposed of with the following observations:-
i. The petitioner shall surrender before the jurisdictional
court within thirty days from the date of receipt of a
copy of this order and if any bail application is filed by
the petitioner at the time of surrender, the jurisdictional
court will release the petitioner on bail after imposing
appropriate conditions;
ii. At the time of surrendering, the petitioner is free to file
a discharge petition and if such a discharge petition is
filed, the presence of the petitioner shall not be insisted
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CRL.M.C. NO.1773 OF 2019
thereafter, till final orders are passed in the discharge
petition;
iii. All the contentions raised by the petitioner in this
Crl.M.C. are left open and petitioner is free to agitate
the the same before the trial court.
Sd/-
P. V. KUNHIKRISHNAN
JUDGE
BR
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CRL.M.C. NO.1773 OF 2019
PETITIONER'S ANNEXURES
ANNEXURE I TRUE COPY OF THE FIRST INFORMATION
REPORT DATED 1.10.2013 IN CRIME
NO.1700/2013 BEFORE THE VIYYUR POLICE
STATION, THRISSUR.
ANNEXURE II TRUE COPY OF FINAL REPORT DATED
15.1.2015 IN CRIME NO.1700/2013 BEFORE
THE VIYYUR POLICE STATION, THRISSUR.
ANNEXURE III TRUE COPY OF THE COMMON JUDGMENT DATED
31.7.2018 IN O.S.NO.44/2014 AND
O.S.73/2015 BEFORE THE SUB COURT,
THRISSUR.
ANNEXURE IV TRUE COPY OF THE DECREE DATED 31.7.2018
IN O.S.44/2014 BEFORE THE SUB COURT,
THRISSUR.
ANNEXURE V TRUE COPY OF THE DECREE DATED 31.7.2018
IN O.S.73/2015 BEFORE THE SUB COURT,
THRISSUR.
ANNEXURE VI TRUE COPY OF THE MEMORANDUM OF APPEAL,
R.F.A.347/2018 BEFORE THE HON'BLE HIGH
COURT OF KERALA, ERNAKLAM.
ANNEXURE VII TRUE COPY OF THE SALE DEED DATED
13.8.2013.
RESPONDENTS' ANNEXURES: NIL
