IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 Crl.MC.No. 1343 of 2009() ------------------------- (C.P. 164/2008 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, PATHANAMTHITTA) PETITIONER(S)/ACCUSED NO.1: --------------- T.C.JOHN @ PONNACHAN S/O.CHACKO, AGED 61 YEARS, THEKKUMKATTIL HOUSE MUNDUKOTTACKAL, PATHANAMTHITTA. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT(S)/STATE & COMPLAINANT: --------------- 1. STATE OF KERALA S.H.O.PATHANAMTHITTA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THOMAS JOHN, S/O.YOHANNAN AGED 41 YEARS, MELEKALAYIL, VALLYETHI, VETTIPRAM MURI, PATHANAMTHITTA VILLAGE. PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 1343 OF 2009 --------------------------------- Dated this the 8th day of April, 2009 O R D E R This petition is filed with a prayer to quash Annexure I charge sheet and all proceedings in C.P. 164/2008 of the Judicial First Class Magistrate Court-I, Pathanamthitta. The petitioner along with others are alleged to have committed offences under Sections 447, 324, 308 r/w. 34 IPC. From the documents produced before me and on going through the same, I think it is too early a stage to come to the conclusion that Section 308 is attracted at all. I had carefully gone through the statements produced and also the police charge, the correctness or otherwise of all matters can be looked into at a court at a stage of trial. Time has not come now to quash the proceedings. Therefore the Crl.M.C is dismissed. If the petitioner surrenders and moves for bail let the court consider the bail application on the date of surrender and pass appropriate orders in accordance with law. M.N. KRISHNAN, JUDGE vkm