IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 13TH AUGUST 2008 / 22ND SRAVANA 1930 Tr.P(Crl.).No. 52 of 2008() --------------------------- CR.NO.304/08 OF KASARAGODE POLICE STATION. PETITIONER: ------------ 1. SHIHAB,S/O. HUSSAIN, 26 YEARS SALIGOLI COMPOUND, SAAROAD, M.G.ROAD, KASARAGODE 2. RAHIM.P.A, S/O.ABDULLA, 24 YEARS MARKET HILL, KASARAGODE 3. SAFFIRE.K.E.,S/O.IBRAHIM ,23 YEARS ERIAL HOUSE KUDLU.PO, KASARAGODE. 4. ABDUL RAHIMAN.A.A @ AMMU S/O.ABBAS, 22 YEARS, MALABAR HOUSE KORAKODE, KASARAGODE BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: ------------- 1. SUB INSPECTOR OF POLICE KASARAGODE POLICE STATION. 2. CIRCLE INSPECTOR OF POLICE KASARAGODE POLICE STATION. 3. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 13/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) No. 52 of 2008 ------------------------------------------------- Dated this the 13th day of August, 2008 ORDER The report of the learned Magistrate shows and the learned counsel for the petitioners submits that in pursuance of the interim direction issued by this Court on 7/8/08, the requisite bond has already been executed and the petitioners have been enlarged on bail. Investigation is in progress. Final report has not been filed yet. In these circumstances, no further relief deserves to be granted in this petition. 2. This petition is, in these circumstances, dismissed as agreed. But I make it clear that the dismissal of this Tr.P.(Cri) No. 52 of 2008 -: 2 :- petition will not, in any way, fetter the rights of the petitioners to move for transfer of the case at later stages of the proceedings if there be any such need for transfer. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Tr.P.(Cri) No. 52 of 2008 -: 3 :- R. BASANT, J. ------------------------------------------------- Tr.P.(Cri) No. 52 of 2008 ------------------------------------------------- Dated this the 7th day of August, 2008 ORDER Furnish a copy of this petition forthwith to the learned Judicial Magistrate of the First Class-I, Kasaragod. Call for a report from the learned Judicial Magistrate of the First Class-I, Kasaragod. The learned Judicial Magistrate of the First Class-I, Kasaragod, shall offer his remarks in the averments in the petition. I make it clear that the learned Judicial Magistrate of the First Class-I, Kasaragod, must make every endeavour to enable his counsel to appear for the accused and to get the bail bond executed as directed by this Court as per the order dated 31/7/08 in B.A.No.4798/08. The petitioners, their representative or their counsel shall be entitled to complain before the Superintendent of Police, Kasaragode, whereupon he must take necessary steps to ensure that the counsel and the sureties are enable to appear before the learned Magistrate and do the needful to get the bond executed and get the petitioners released Tr.P.(Cri) No. 52 of 2008 -: 4 :- on bail. Call on 13/8/2008. 2. Hand over a copy of this order to the learned counsel for the petitioners. (R. BASANT, JUDGE) Nan/