IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 Crl.MC.No. 2788 of 2011() CMP.69/2010 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR CRIME NO. 18/2010 of KANNAPURAM POLICE STATION .................... PETITIONERS: 1. KOLAYAKKARAKATH MUHASIN MUSTHAFFA, AGED 33 YEARS, S/O.MR.MAYYIKKARANTAKATH PONNAMBILATH MUSTHAFFA, PERMANENTLY R/AT NAFEESA MAHAL, CHORUKKALA, P.O.KARUMATHUR, VIA KARIMBAM, KANNUR DT-670 142(NOW R/AT POST BOX NO.75448,MANAMA, BAHRAIN FOR EMPLOYMENT),REP.BY HIS POWER OF ATTORNEY HOLDER MR.M.P.MUSTAFFA, AGED 61 YEARS, S/O. MR. K. ABDULLA, RESIDING AT NAFEESA MAHAL, CHORUKKALA P.O., KARUMATHUR, VIA KARIMBAM, KANNUR DISTRICT - 670 142. 2. NAFEESA, W/O.M.P.MUSTAFFA, AGED 58 YEARS R/AT NAFEESA MAHAL, CHORUKKALA, P.O.KARUMATHUR, VIA KARIMBAM, KANNUR DISTRICT-670 142. 3. SHAHARBAN SHINAS, D/O.MUSTHAFA, RESIDING AT NAFEESA MAHAL, CHORUKKALA, P.O.KARUMATHUR, VIA KARIMBAM, KANNUR DISTRICT- 670142. BY ADV. SRI.TPM.IBRAHIM KHAN, SENIOR ADVOCATE SRI.K.M.ABDUL MAJEED SRI.LIJOY P.VARGHESE RESPONDENTS: 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KANNAPURAM POLICE STATION, KANNAPURAM, CHERUKUNNU P.O., KANNUR DISTRICT-670 301. 2. N.T.NUFAILA, D/O.MR.ABOOBACKER, 'NUFAILAS', YOGASHALA ROAD, KANNAPURAM, P.O.CHERUKUNNU, KANNUR DISTRICT-670 301. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO.2788/2011 APPENDIX PETITIONERS' ANNEXURES: ANNEXURE 1 : PHOTOSTAT COPY OF THE ORIGINAL PETITION NO.658 OF 2008 FILED BY THE DE FACTO COMPLAINANT BEFORE THE FAMILY COURT, KANNUR. ANNEXURE 2 : PHOTOSTAT COPY OF THE COUNTER AFFIDAVIT FILED IN ORIGINAL PETITION NO.658 OF 2008 BEFORE THE FAMILY COURT, KANNUR. ANNEXURE 3 : PHOTOSTAT COPY OF THE JUDGMENT DATED 30.03.2011 OF THE FAMILY COURT, KANNUR IN ORIGINAL PETITION NO.658 OF 2008. ANNEXURE 4 : PHOTOSTAT COPY OF THE CRL.M.P. NO.69 OF 2010 FILED BY THE SECOND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE-I, KANNUR ALONG WITH ITS ENGLISH TRANSLATION. ANNEXURE 5 : PHOTOSTAT COPY OF THE FIR IN CRIME NO. 18/2010 OF KANNAPURAM POLICE STATION AND ITS ENGLISH TRANSLATION. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2788 of 2011 - - - - - - - - - - - - - - - - Dated this the 23rd day of August, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are the accused in Crime No. 18 of 2010 of Kannapuram Police Station for an offence punishable under Section 498-A r/w Section 34 IPC and now pending before the Judicial First Class Magistrate-I, Kannur. Due to the non appearance of the first petitioner, non bailable warrant of arrest has been issued against him. It is for the first petitioner to surrender before the trial court and apply for bail. If the petitioner surrenders before the trial court and apply for bail, he shall be released on bail on such terms and conditions the learned Magistrate deems fit. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv