Petitioner accused claimed case settled and sought stay of coercive steps against his sureties to appear before lower court within two months. Court refused to entertain petition given nature of offence.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
MONDAY, THE 4TH DAY OF JANUARY 2016/14TH POUSHA, 1937
Crl.MC.No. 8074 of 2015 ()
--------------------------CC.NO. 444/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT -I, PERINTHALMANNA CRIME NO. 1609/2012 OF PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT
PETITIONER/ACCUSED:
JAMALUDHEEN, S/O.VEERAPPU,AGED 26 YEARS, THOTTIPARAMBIL HOSUE, PARAMMAL, PALODE, THACHANATTU KARA, PALAKKAD DISTRICT.
BY ADV. SRI.C.M.KAMMAPPU
RESPONDENTS/STATE AND DEFACTO COMPLAINANT/INJURED:
1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682 031. (THROUGH STATION HOUSE OFFICER, PERINTHALMANNA POLICE STATION, MALAPPURAM DISTRICT).
2. ABDULLA, S/O. ALIYAMU,AGED 45 YEARS, VAKKAYIL HOUSE, AMMINIKKAD, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679 126
3. ABDUL HAMEED, S/O MUHAMMED, AMBATTUPARAMBIL HOUSE, THAZHEKKODE AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679 126
4. NAFEESA,
W/O ABDUL HAMEED, AMBATTUPARAMBIL HOUSE, THAZHEKKODE AMSOM DESOM, PERINTHALMANNA TALUK, MALAPPURAM DISTRICT-679 126
R1 BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE R2 TO R4 BY ADV. SRI.MANSOOR.B.H.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
sts
Crl.MC.No. 8074 of 2015 ()
APPENDIX
PETITIONER(S)' ANNEXURES:
ANNEX I: TRUE COPY OF THE FINAL REPORT IN CRIME NO.1609/2012 OF PERINTHALMANNA POLICE STATION.
ANNEX II: TRUE COPY OF THE NOTARIZED AGREEMENT EXECUTED BETWEEN THE FATHER AND MOTHER OF THE DECEASED WITH THE PETITIONER.
RESPONDENT(S)' ANNEXURES:
NIL
/TRUE COPY/
P.A.TO JUDGE
sts
B. KEMAL PASHA, J.
Crl.M.C. No.8074 of 2015
Dated this the 4th day of January, 2016
O R D E R
~ ~ ~ ~ ~ ~
The case of the petitioner is that the case pending before the court below has been settled between
him and the de facto complainant. The matter involves an offence under Section 304A IPC. This Court cannot entertain any such settlement. It is the further case of the learned counsel for the petitioner that the petitioner is working abroad and, therefore, he could not appear before the court below. Presently, steps are in progress against the sureties.
permitted to appear before the court below within a period of
two months from today. The court below shall consider the
Crl.M.C.8074/2015
: 2 :
matter sympathetically as far as the sureties are concerned
and the court below shall try to abstain from proceeding with
coercive steps against the sureties till then.
Crl.M.C. is disposed of as above.
Sd/- (B.KEMAL PASHA, JUDGE)
aks/04/01
// True Copy //
PA to Judge
2 issues framed by the court
Whether this court can entertain a petition for stay proceedings to allow a sick petitioner abroad to appear before the lower court for settlement of a Section 304A IPC case.
Whether coercive steps against sureties can be stayed pending the petitioner's appearance.
JAMALUDHEEN
STATE OF KERALA
ABDULLA
ABDUL HAMEED
NAFEESA
B.KEMAL PASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
