IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 703 of 2010()
1. REBIN SUNNY
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.K.DAMODARAN (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :01/03/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO.703 OF 2010
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Dated 1st March 2010
O R D E R
As per Annexure-II order dated
1/12/2009 petition filed by the petitioners
to quash the proceedings in C.P.21/2009 on
the file of Judicial First Class
Magistrate-I, Kozhikode was disposed
directing the Magistrate not to insist for
the personal appearance of the petitioners,
for three months. It was for the reason that
petitioners produced a fixed deposit of
Rs.40,00,000/- before the Family court,
Kozhikode and the agreement to withdraw the
prosecution could be only on receipt of the
amount. Learned Senior counsel submitted
that subsequent to Annexure-II order, second
respondent in Crl.M.C.3166/2009 informed the
petitioners that she could agree for
Crmc 703/2010
2
withdrawing the prosecution only after petition
for divorce pending before the Family court,
Thrissur is decided and in view of the decision
of the Apex court a divorce is not possible
before May, 2010 and in such circumstances, the
period of three months fixed under Annexure-II
order may be extended till the decision is
taken by the Family court.
2. Heard the learned Senior counsel
appearing for the petitioners and learned
Public Prosecutor.
3. On the facts and circumstances of
the case, Judicial First Class Magistrate-I,
Kozhikode is directed not to insist for the
personal appearance of the petitioners in
C.P.21/2009 till 1/6/2010.
Petition is disposed accordingly.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.