IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Crl.MC.No. 1513 of 2011(B) -------------------------------------- [OS.NO.473/1991 OF ASSISTANT SESSIONS COURT, THALASSERY, CC.NO.391/2008 OF JUDICIAL MAGISTRATE OF FIRST CLASS COURT, THALASSERY] .................... PETITIONER/5TH ACCUSED: ----------------------------------------- CHANDRAN CHANDROTH, ADVOCATE, AGED 56 YEARS, S/O.RAMAN NAIR, ABHIRAM, VENUE CORNER, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.C.P.PEETHAMBARAN. RESPONDENTS/COMPLAINANT & DEFACTO COMPLAINANT: --------------------------------------------------------------------------------------- 1. THE STATION HOUSE OFFICER, THALASSERY POLICE STATION, KANNUR, REPRESENTING STATE OF KERALA, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. P.K.PRAMEELA, W/O.NADUKKANDI ACHUTHAN, GURIKKALEDATH HOUSE, TMC 50/252, NEAR JUDGES BUNGLOW, THALASSERY, KANNUR DISTRICT, PIN – 679 532. R1 BY PUBLIC PROSECUTOR SRI. B. VINOD. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 1513/2011-B: APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A.1: COPY OF THE FIR IN CRIME NO.238/2011 OF THALASSERY POLICE STATION. ANNEXURE A.2: COPY OF THE ORDER DTD. 27/01/2006 IN E.A. 722/2004 IN E.P. 262/2004 IN O.S. NO. 473/1991 OF SUB COURT, THALASSERY. ANNEXURE A.3: COPY OF THE FINAL REPORT IN CRIME NO. 73/2006 OF THALASSERY POLICE STATION. ANNEXURE A.4: COPY OF THE ORDER DTD. 10/03/2011 IN CRL.M.C. NO. 4773/2010 OF THIS HONOURABLE COURT. ANNEXURE A.5: COPY OF THE FINAL REPORT IN CRIME NO. 76/2006 OF THALASSERY POLICE STATION. ANNEXURE A.6: COPY OF THE VAKALATH ALONG WITH BAIL BOND OF ALL THE ACCUSED IN C.C. 391/2008 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, THALASSERY. RESPONDENTS' ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1513 of 2011 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner, who is the 5th accused in Crime No. 238 of 2011 of Thalassery Police Station, Kannur for offences punishable under Sections 120B, 167, 182, 193, 196, 200, 465, 420, 500 and 503 r/w Section 34 I.P.C., has filed this application under Section 482 Cr.P.C to quash the complaint against the petitioner. The matter is listed before this Court on 30.05.2011 and the Public Prosecutor was directed to take instructions in the matter. The learned Public Prosecutor on instructions states that the there is no prima facie case against the petitioner and the police wants to delete the name of the petitioner from the charge sheet. In view of the statement made by the Public Prosecutor, I direct the State to Instruct the Public Prosecutor to file such an application before the trial court. If such application is filed then the trial court shall delete the name of the petitioner from the case and the trial may proceed against the other accused persons. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv