IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 Crl.MC.No. 1796 of 2010() ------------------------- AGAINST C.M.P. NO. 2355/10 IN M.C.59/20 ON THE FILE OF THE J.F.C.M.I, MAVELIKKARA PETITIONER(S): ----------- VISHNU KUMAR, AGED 43 YEARS, VISYHNU BHAVANAM, KOTTARKAVU MURI, MAVELIKKARA, ALAPPUZHA DISTRICT BY ADV. SRI.R.PADMAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 2. VEENA KUMAR, AGED 35 YEARS, SARASWATHY VILASOM, NEDUMRAM, THIRUVALLA PATHANAMTHITTA DISTRICT PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-5-2010 , THE COURT ON 25/05/2010 PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1796 of 2010 * * * * * * * * * * * * * * * * * * Dated: 25th day of May, 2010 ORDER Petitioner who is the husband of the 2nd respondent challenges the order allowing Annexure A5 petition (CMP.No. 2355 of 2010) filed by wife and two children directing the Sub Inspector of Police, Mavelikkara to provide adequate assistance to the applicants for the execution of the interim order passed in C.M. No. 2236 of 2010 in M.C. 59 of 2010. 2. According to the petitioner, even before he was served with a notice of the order passed in C.M.P. No. 2236 of 2010 an order providing police protection has been passed on Annnexure 5 petition. Since the main grievance of the petitioner is that he was not given an opportunity of being heard before passing the order in C.M. P. No. 2236 of 2010 and in Annexure A5, this Crl.M.C. is disposed of permitting the petitioner to appear before the Magistrate on 3-6-2010 Crl.M.C. No. 1796 of 2010 -:2:- and make his submissions regarding the order passed in C.M.P. No. 2236 of 2010 and Annexure A5. Until the court below passes an order after hearing both sides, the order passed in C.M.P. 2355 of 2010 (Annexure A5) shall not be enforced. This indulgence is given to the petitioner only if he appears before the Magistrate on 3-6-2010. Dated this the 25th day of May, 2010. Sd/- V. RAMKUMAR, (JUDGE) /true copy/ ani. P.S. to Judge