IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 Crl.MC.No. 4532 of 2010() ------------------------------ CC.1155/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR CRIME NO. 224/07 OF TOWN POLICE EAST POLICE STATION, THRISSUR .................... PETITIONER(S): ACCUSED 1 & 3 ------------------------------------- 1. K.K.KRISHNAN NAMBOODIRI, AGED 61 YEARS, S/O.KRISHNAN NAMBOODIRI, KOSSERY MANA, KANNAMKULANGARA, THRISSUR DIST. NOW RESIDING AT HOUSING COLONY, KILA, MULAMKUNNATHU KAVU P.O., THRISSUR DIST. 2. ARYADEVI, AGED 46 YEARS, W/O.KRISHNAN NAMBOODIRI, KOSSERY MANA, KANNAMKULANGARA, THRISSUR DIST. NOW RESIDING AT HOUSING COLONY, KILA, MULAMKUNNATHU KAVU P.O., THRISSUR DIST. BY ADV. SRI.SHOBY K.FRANCIS RESPONDENT(S): DEFACTO COMPLAINANT & STATE ------------------------------------------------------------ 1. SHAHUL HAMEED, AGED 42 YEARS, S/O.MUHAMMED, VALIYAKATH HOUSE, CHIRACKAL DESOM, PERUMBILAVU P.O., THRISSUR DIST - 680 519. 2. STATE OF KERALA / S.I. OF POLICE, THRISSUR TOWN EAST POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, COCHIN - 31. R2 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs/ M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4532 OF 2010 =========================== Dated this the 15th day of November,2010 ORDER Petitioners were accused 1 and 3 in C.C.1807/2007 on the file of Judicial First Class Magistrate-I, Thrissur. Second accused died. Petitioner and fourth accused were absconding. Case as against them was split up and refiled as C.C.605/2010. Case as against the fifth accused was compounded by Annexure 2 judgment dated 29.4.2010. Subsequently the case as against fourth accused was also compounded after refiling the case against the petitioners as C.C.1155/2010. Petition is filed under section 482 of Code of Criminal Procedure to quash the case against the petitioners contending that ingredients of an offence is not attracted and in view of the settlement of case against co-accused, it is Crl.M.C.4532/2010 2 not in the interest of justice to continue the prosecution. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. The case against accused 3, 4 and 5 was settled by the complainant and consequently the offences against them were compounded under section 320(8) of Code of Criminal Procedure. Based on the said compositions, petitioners are not entitled to get the case against them quashed. Though learned counsel appearing for the petitioners argued that ingredients of the offence is not attracted against the petitioners, on going through the complaint, I do not find that it is not for this court to analyse the entire materials and find out whether ingredients is established or not. Petitioners are at liberty to seek an order of discharge under section 239 of Code of Criminal Procedure from the learned Magistrate, raising all the contentions raised Crl.M.C.4532/2010 3 herein. Learned counsel submitted that a non bailable warrrant is pending. It is up to the petitioners to surrender before the learned Magistrate and seek an order for bail. If such an application is filed, it is for the learned Magistrate to consider the same expeditiously without delay and pass appropriate order in accordance with law. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006