IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 Crl.MC.No. 2366 of 2011() ------------------------------ CC.245/2006 of JUDICIAL MAGISTRATE OF FIRST CLASS, SULTHANBATHERY .................... PETITIONER(S):2ND ACCUSED ----------------------------------- AYSHA DAVOOD, W/O.DAVOOD, KOTTAKKUNNU HOUSE, KUPPADI AMSOM, KUPPADI P.O., SULTHAN BATHERY, WAYANAD DISTRICT. BY ADV. SRI.S.M.PRASANTH RESPONDENT(S): COMPLAINANT/1ST ACCUSED -------------------------------------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHIHABUDDEEN, S/O.MUHAMMAD HAJI, PERUMBILAYI HOUSE, KUPPADI VILLAGE, SULTHAN BATHERY TALUK, WAYANAD DISTRICT - 678 378. R1 BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.2366/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE ORDER IN C.C. NO.245/2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, SULTHAN BATHERY DATED 05/05/2011. ANNEXURE A2:COPY OF THE ADMIT CARD OF PETITIONER FOR C.A. PRELIMINARY EXAMINATIONS. ANNEXURE A3:COPY OF THE MEDICAL PRESCRIPTION DATED 29/03/2008. ANNEXURE A3(a):COPY OF THE MEDICAL PRESCRIPTION DATED 14/04/08. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P.RAY, J. Crl.M.C.No.2366 of 2011 Dated this the 28th day of July 2011 O R D E R Petitioner is the 2nd accused in C.C.No.245/2006 of Judicial First Class Magistrate Court-I, Sulthan Bathery for the offence punishable under Section 319 Cr.P.C. 2. Heard the learned counsel for the petitioner. The prayer of the petitioner is to quash all the proceedings initiated against her in C.C.No.245/2006 by setting aside the impugned order issued by the learned Magistrate. I am not inclined to interfere with the impugned order. 3. The learned counsel for the petitioner submits that the petitioner is ready and willing to surrender and apply for bail. The petitioner, if surrenders and applies for bail on or before 10/08/2011, the learned Magistrate shall release her on bail on such terms and conditions he deems fit. 3. The learned counsel for the petitioner further submits that the petitioner, being a lady, may not be insisted to appear in the day to day trial of the case. If the petitioner files an application under Section 205 Cr.P.C for dispensing with her CRL.M.C.No.2366/11 2 personal appearance after surrendering before the learned Magistrate, the learned Magistrate shall consider the application on merits. 4. Crl.M.C is disposed of as above. (sd/-) (B.P.RAY, JUDGE) jsr // True Copy// PA to Judge CRL.M.C.No.2366/11 3 CRL.M.C.No.2366/11 4 CRL.M.C.No.2366/11 5