IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 8TH JULY 2011 / 17TH ASHADHA 1933 Crl.MC.No. 1592 of 2011() ------------------------------------- SC.43/2011 OF ADDITIONAL SESSIONS COURT FAST TRACK NO.II, PATHANAMTHITTA. .................... PETITIONERS/ACCUSED NO.1 TO 10: ------------------------------------------------------ 1. SHABOSE, AGED 24 YEARS, S/O.KUTTAPPAN, SHABHAVAN, VADASSERYMANNIL VEEDU, KUNNANTHANAM, PATHANAMTHITTA DISTRICT. 2. SHANOSE, AGED 22 YEARS, S/O.KUTTAPPAN, SHABHAVAN, VADASSERYMANNIL VEEDU, KUNNANTHANAM, PATHANAMTHITTA DISTRICT. 3. PRADEEP PANICKAR, AGED 24 YEARS, S/O.PRASANTH PANICKAR, KALARIKKAL VEEDU, VALAMALAMURIYIL, PRAVINKUDE, KUNNANTHANAM, PATHANAMTHITTA DISTRICT. 4. SATHEESH PANICKAR, AGED 20 YEARS, S/O.SATHYAN, KALARIKKAL VEEDU, VALAMALAMURIYIL, PRAVINKUDE, KUNNANTHANAM, PATHANAMTHITTA DISTRICT. 5. PRADEEP, AGED 23 YEARS, S/O.NIRMALAN, INJAKKALAYIL VEEDU, KUNNANTHANAM, PATHANAMTHITTA DISTRICT. 6. JAYAKUMAR, AGED 24 YEARS, S/O.GOPALAKRISHNA PANICKAR KALAYIL VEEDU, KUNNANTHANANM, PATHANAMTHITTA DISTRICT. 7. JAYAN, AGED 24 YEARS, S/O.RAVEENDRAN, CHETTIKKATTIL VEEDU, KUNNANTHANAM, PATHANAMTHITTA DISTRICT. Crl.MC.No. 1592 of 2011 8. AJAYAKUMAR, AGED 22 YEARS, S/O.RAVEENDRAN, CHETTIKKATTIL VEEDU, KUNNANTHANAM, PATHANAMTHITTA DISTRICT. 9. SONY RAMESH, AGED 20 YEARS, S/O.LALY ABRAHAM, PARAKKAL VEEDU, THUNDIYIL PURAYIDAM, KUNNANTHANAM, PATHANAMTHITTA DISTRICT. 10. SANTHOSH, AGED 22 YEARS, S/O.KRISHNANKUTTY, NADUVILEPPARAMBIL HOUSE, KUNNANTHANAM, PATHANAMTHITTA DISTRICT. BY ADV. SRI.M.T.SURESHKUMAR, SRI.V.V.RAJA. RESPONDENTS/DEFACTO COMPLAINANT, INJURED & STATE: ------------------------------------------------------------------------------------------ 1. THIRUMENI, AGED 35 YEARS, S/O.DAMODHARAN VAIDYAN, SN VAIDHYASALA, KUNNANTHANAM, PATHANAMTHITTA DISTRICT, PIN-689 695. 2. ANNAMMA EAPEN, AGED 56 YEARS, W/O.EAPEN KURUVILA, PARANTHATTU VEETTIL, KUNNAMTHANAM VILLAGE, THIRUVALLA, PATHANAMTHITTA DISTRICT, 689 695. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031. R3 BY PUBLIC PROSECUTOR MR.JAIBY PAUL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1592 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1: COPY OF THE FIR IN CRIME NO.138 OF 2004 OF KEEZHUVAIPOOR POLICE STATION DATED 07/06/2004. ANNEXURE A2: COPY OF THE FINAL REPORT IN FIR IN CRIME NO.138 OF 2004 OF KEEZHUVAIPOOR POLICE STATION DATED 27/11/2004. ANNEXURE A3: COPY OF THE JUDGMENT DATED 14/10/2010 IN SC NO.90 OF 2006 OF THE COURT OF ADDL. DIST. AND SESSIONS JUDGE (ADHOC) FAST TRACK-II, PATHANAMTHITTA. ANNEXURE A4: COPY OF THE AFFIDAVIT FILED BY THE 1ST RESPONDENT DATED 28/05/2011. ANNEXURE A5: COPY OF THE AFFIDAVIT FILED BY THE 2ND RESPONDENT DATED 26/05/2011. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.S. TO JUDGE rs B.P. RAY, J. ........................................... CRL.M.C.NO.1592 OF 2011 ............................................. Dated this the 8th day of July, 2011. O R D E R Heard the learned counsel for the petitioners and defacto complainants/respondents 1 and 2. 2. The petitioners are accused 1 to 10 in Crime No.138/2004 of Keezhuvayipoor Police Station for the alleged offences punishable under Sections 143,147,148,149,324,452,427 and 308 read with Section 149 of IPC, now pending before the Court of Additional District and Sessions Judge (Adhoc) Fast Track-II, Pathanamthitta as S.C.No.43/2011. It is stated at bar by the learned counsel for respondents 1 and 2 that the matter has been settled out of court and accordingly two accused persons have been acquitted by Annexure-A3 judgment. If the petitioners surrender on or before 29th of this month, the learned Magistrate shall admit them to bail on such terms and conditions as the learned Magistrate deems fit. The NBW issued against the petitioners shall not be executed till the disposal of the aforementioned sessions case. With the observations, this Crl.M.C is disposed of. B.P. RAY, JUDGE. cl