The court refused to quash the charge sheet against the petitioner but permitted her to surrender to the Magistrate to seek regular bail within two weeks, noting her status as a woman and the acquittal of co-accused.
Permission granted to surrender before the Magistrate to seek bail within two weeks; quashing of charge sheet rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929
Crl.MC.No. 43 of 2008()
----------------------C.C.NO.154 OF 2007 OF THE J.F.C.M-1, PUNALUR
PETITIONER:
MARIAYAM BEEVI, W/O.IBRAHIM RWTHER, PALLITHEKKETHIL VEEDU, THAZHAMEL MURI, ANCHAL VILLAGE.
BY ADV. SRI.SUBHASH CYRIAC
RESPONDENTS:
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, RAM MOHAN PALACE COMPOUND, ERNAKULAM, COCHIN.
BY PUBLIC PROSECUTOR SRI.M.S.BREEZ
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
V. RAMKUMAR, J.
= = = = = = = = = = = = = Crl.M.C.No.43 of 2008
= = = = = = = = = = = = = = Dated this the 4th day of January, 2008
ORDER
Petitioner, a woman, who is the 2nd accused in Crime No.72 of 2002 of Anchal Police Station for an offence punishable under Section 420 read with 34 IPC, seeks to quash Annexure AII charge sheet.
2
Crl.M.C.No. 43 of 2007
that the petitioner is a woman who is entitled to the benefit of the provisions under Section 437 Cr.P.C and also taking note of
the fact that the co-accused have been acquitted after trial.
V. RAMKUMAR, JUDGE
sj
2 issues framed by the court
Whether to grant permission to the petitioner to surrender in lieu of quashing the charge sheet.
Whether the petitioner is entitled to the benefit of provisions under Section 437 CrPC as a woman defendant.
2 provisions across 2 enactments
MARIAYAM BEEVI
STATE OF KERALA
V. RAMKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
