IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

CRL.MC NO. 570 OF 2018

AGAINST THE ORDER DATED 07.09.2017 IN MC NO.419 OF 2015

OF FAMILY COURT, TIRUR

PETITIONER/RESPONDENT/RESPONDENT:

JAMSHEED AGED 35 YEARS, S/O. HAMZAKOYA,CHERUPURAKKAL HOUSE, LAKSHAMVEEDU COLONY,CHAPPAPPADI, TANUR P.O, TIRUR TALUK,MALAPPURAM DISTRICT PIN-676 302

BY ADV SRI.K.K.MOHAMED RAVUF

RESPONDENT S/PETITIONER/PETITIONER & STATE:

• 1 SHAHANAS AGED 29 YEARS, D/O. ABOOBACKER, BEERANKANTEPURAKKAL, EDAKKADAPPURAM, POST TANUR, TIRUR TALUK,MALAPPURAM DISTRICT 676 302
• 2 SAHAD AGED 7 YEARS,(MINOR)S/O. SHAHANAS, BEERANKANTEPURAKKAL, EDAKKADAPPURAM, POST TANUR, TIRUR TALUK,MALAPPURAM DISTRICT 676 302
• 3 ABOOBACKER AGED 4 YEARS,S/O. SHAHANAS,BEERANKANTEPURAKKAL, EDAKKADAPPURAM, POST TANUR, TIRUR TALUK,MALAPPURAM DISTRICT 676 302

• 4 NAFEESATH NASRIYA AGED 4 YEARS,D/O. SHAHANAS,BEERANKANTEPURAKKAL, EDAKKADAPPURAM, POST TANUR, TIRUR TALUK,MALAPPURAM DISTRICT 676 302(RESPONDENTS 2 TO 4 ARE MINORS AND THEY ARE REPRESENTED BY THEIR MOTHER SHANAHAS 1ST RESPONDENT)
• 5 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 682 031

BY ADVS. SRI.ARUN MATHEW VADAKKAN SRI.K.P.SUDHEER

OTHER PRESENT:

SRI.SANGEETHARAJ.N.R, PP

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.10.2024, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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P.V. KUNHIKRISHNAN, J. ----------------------------------- Crl.M.C.No.570 of 2018 ----------------------------------- Dated this the 22nd day of October, 2024

ORDER

This CRl.M.C is filed with the following prayer:

(i) " to quash Annexure A-2 Impugned Order dated 7/9/2017 in C. M.P. No. (Ex) 202/2017 in M.C. No. 419/2015 of Family Court, Tirur and order to release the petitioner from custody forthwith, so as to secure the ends of justice."

2. When this Crl.M.C came up for consideration on 21.05.2018, this Court passed the following order:

" Issue notice to the respondents 1 to 4 by speed post. Learned Public Prosecutor takes notice for the 5th respondent. Post after service is complete.

Crl.M.A No.817/2018

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The grievance of the petitioner is that Annexure A2 order was passed by the court below without issuing a restrained warrant and without conducting an enquiry to ascertain whether the default was willful or not. Learned counsel relied on the authorities in this regard. Having regard to this, the

petitioner shall be released from the jail on condition that he shall appear in person on all further posting dates before court below until exemption is granted by the court.

3. In the light of the above order, no further direction is necessary.

Recording the above order, this Crl.M.C is disposed of.

Sd/- P.V. KUNHIKRISHNAN JUDGE

SSG

APPENDIX OF CRL.MC 570/2018

PETITIONER'S ANNEXURES

• ANNEXURE A-1 TRUE COPY OF ORDER DATED 14/3/2017 IN M.C NO 419/2015 OF FAMILY COURT, TIRUR.
• ANNEXURE A-2 CERTIFIED COPY OF ORDER DATED 7/9/2017 IN C.M.P (EX) NO. 202/2017 IN M.C NO. 419/2015 OF FAMILY COURT, TIRUR.