IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 Crl.MC.No. 3343 of 2005() ------------------------- CC.10/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT, THALASSERY .................... PETITIONER(S): 2ND ACCUSED: ----------------------------------------------- CHEEKIOLDAN, KOOVERI KUNHI KUTTIYALI, THIRUVANGAD AMSOM AND DESOM, THALASSERY, KANNUR DISTRICT, NOW AT P.O.BOX NO.5120, DEIRA DUBAI, U.A.E. BY ADVS. SRI.ABRAHAM K.JOHN, SRI.P.K.BALAKRISHNAN NAIR, SRI.E.V.NAYANAR, SRI.C.P.KUNHIKANNAN. RESPONDENT(S): COMPLAINANT AND STATE: --------------------------------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, THALASSERY POLICE STATION, THALASSERY,. 2. THE STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 3. MISRYA MUNEER P.P. D/O.P.P.YOUSUF, RESIDING AT ALEEZ, MANGAD P.O. PERINGADI, THALASSERY TALUK (WITHIN THE LIMITS OF CHOKIL POLICE STATION). R1 & R2 BY PUBLIC PROSECUTOR SRI. B.VINOD R3 BY ADV. SRI.P.NARAYANAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.3343/2005 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF PLAINT IN O.S.NO.60/99 OF MUNSIFF COURT,THALASSERY. ANNEX.A2: COPY OF IA.NO.333/99 IN O.S.NO.60/99 OF MUNSIFF COURT, THALASSERY AND THE ORDERS THEREON. ANNEX.A3: COPY OF REPORT SUBMITTED BY ADVOCATE COMMISSIONER IN O.S.NO.60/99 OF MUNSIFF COURT, THALASSERY. ANNEX.A4: COPY OF PLAN SUBMITTED BY ...DO....DO.... ANNEX.A5: COPY OF I.A.NO.345/04 IN O.S.NO.60/99 OF MUNSIFF COURT, THALASSERY AND THE ORDER THEREON. ANNEX.A6: COPY OF I.A.NO.610/04 IN ...DO...DO.... ANNEX.A7: COPY OF REPORT SUBMITTED BY ADVOCATE COMMISSIONER MR. BIJU V.JOSEPH IN O.S.NO.60/99 OF MUNSIFF COURT, THALASSERY. ANNEX.A8: COPY OF PLAINT IN O.S.NO.82 OF 2004 OF MUNSIFF COURT, THALASSERY. ANNEX.A9: COPY OF REPORT SUBMITTED BY ADVOCATE COMMISSIONER PADMAPRIYA IN O.S.NO.82 OF 2004 OF MUNSIFF COURT, THALASSERY. ANNEX.A10: COPY OF PLAN ...DO..DO..... ANNEX.A11: COPY OF PLAINT IN O.S.NO.189 OF 2004 OF SUB COURT, THALASSERY. ANNEX.A12: COPY OF REPORT SUBMITTED BY ADVOCATE COMMISSIONER IN O.S.NO.189 OF 2004 OF SUB COURT, THALASSERY. ANNEX.A13: COPY OF PLAN ..DO...DO... ANNEX.A14: COPY OF COMPLAINT FILED BEFORE THE LEARNED JUDICIAL MAGISTRATE OF THE FIRST CLASS, THALASSERY. ANNEX.A15: FINAL REPORT TOGETHER WITH MEMO OF EVIDENCE AND DOCUMENTS AND STATEMENT OF WITNESSES SUBMITTED BY THE S.I. OF POLICE THALASSERY IN CRIME NO.556 OF 2005. ANNEX.A16: COPY OF PASSPORT OF THE PETITIONER. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. Ray, J. ==================================== Crl.M.C.3343/2005 ==================================== Dated this the 10th day of August, 2011. ORDER Heard the learned counsel for the petitioner, learned counsel Sri.P.Narayanan appearing for the third respondent and learned Public Prosecutor. 2. Petitioner is the accused in C.C.No.10/2005 on the file of the Judicial Magistrate of the First Class, Thalassery arising out of Crime No.556/2004 of Thalassery Police Station for offence punishable under Sections 419, 427 and 447 read with Section 34 I.P.C. The specific case of the petitioner is that the petitioner was not present at the relevant time in India but was staying in U.A.E. For non-appearance of the petitioner, non-bailable warrant was issued against him. Petitioner states that he is ready and willing to appear before the trial court and file an application for discharge. If the petitioner appears on or before 7.9.2011 and files an application for bail, the Magistrate shall release him on bail on furnishing a bond Crl.M.C.3343/2005 -:2:- of Rs.50,000/- with one surety for the like sum to the satisfaction of the trial court. If the petitioner files an application for discharge enclosing all relevant documents to the effect that the petitioner was not in India at the relevant time, the learned Magistrate, if satisfied that the petitioner was not in India, shall discharge the petitioner and proceed against the other accused persons. Crl.M.C. is disposed of as above. B.P. Ray, Judge. sl.