Petitioner sought permission to withdraw criminal miscellaneous case. Court granted withdrawal with liberty to file fresh petition upon surrender and bond deposit.
Permission to withdraw case granted with liberty to file fresh petition conditionally.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
MONDAY, THE 16TH DAY OF JULY 2018 / 25TH ASHADHA, 1940
Crl.MC.No. 2142 of 2018
LP 121/2016 of JUDICIAL MAGISTRATE OF FIRST CLASS-II(FOREST OFFENCES),MANJERI CRIME NO. 90/2006 OF KONDOTTY POLICE STATION, MALAPPURAM
PETITIONER/A1
MUHAMMED FAIZAL S/O. HAMZA, KUNNATHODI HOUSE, EDAVANNAPARA, VAZHAKKAD AMSOM, MALAPPURAM DISTRICT.
BY ADVS.SRI.P.VENUGOPAL (1086/92) SMT.T.J.MARIA GORETTI
RESPONDENTS/STATE & DEFACTO COMPLAINANT
1. THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKULAM - 682 031.
2. A. MUHAMMED @ KUNHUTTY AGED 62 YEARS, S/O. KUTTIMAMMED, ATTASSERY HOUSE, VAALANCHERI, MORAYUR P.O., MALAPPURAM DISTRICT - 673 642.
BY SR.PUBLIC PROSECUTOR SRI.C.S.HRITHWIK R2 BY ADV. SRI.M.REVIKRISHNAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16-07-2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
VPS
K.ABRAHAM MATHEW J.
Crl.M.C. No.2142 of 2018
Dated this the 16th day of July, 2018
ORDER
Learned counsel for the petitioner seeks permission to withdraw the Crl.M.C. with liberty to file a fresh petition. Permission is granted. Accordingly, this Crl.M.C is dismissed as withdrawn reserving liberty with the petitioner to file a fresh petition on condition that he will surrender before the court below and deposit the amount covered by the bond executed by him when he was released on bail. If an application for bail is filed after the petitioner surrenders, the trial court may take into consideration the acquittal of the co-accused and the deposit of the amount by the petitioner.
Sd/-
K.ABRAHAM MATHEW JUDGE
vps 16/7
/True Copy/ PS to Judge
MUHAMMED FAIZAL S/O. HAMZA
THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR
A. MUHAMMED @ KUNHUTTY
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
