IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 12TH AUGUST 2010 / 21ST SRAVANA 1932 Crl.MC.No. 3298 of 2010() ------------------------- LPC.102/2006 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER(S)/ACCUSED NOS. 1&2: -------------------------------- 1. NITHIN SUVARNA, S/O.RAJEEV SUVARNA, PELPADY HOUSE, BENGARA, MANJESWAR VILLAGE. 2. VEERENDRA SUVARNA, S/O.RAJEEV SUVARNA, PELPADY HOUSE, BENGARA, MANJESWAR VILLAGE. BY ADV. SRI.SOJAN MICHEAL SMT.DHANYA P.ASHOKAN RESPONDENT(S)/COMPLAINANT: --------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- CRL.M.C.NO.3298 OF 2010 ----------------------------------- Dated this the 12th day of August, 2010 O R D E R Petitioners are the accused in Crime No.148 of 2005 of Manjeswar Police station, which is now pending as L.P.C.No.102 of 2006 on the file of the Judicial First Class Magistrate Court, Kasaragod, registered for the offences punishable under Section 354 of the Indian Penal Code. 2. The gist of the prosecution case is that petitioners outraged the modesty of the de facto complainant, assaulting her by catching hold of her hand allegedly in the course of settlement talks over some disputes at the premises of her residential building. The learned counsel for the petitioners submits that the petitioners and the de facto complainant are close relatives, and the marriage of the 2nd petitioner is fixed on CRL.M.C.3298/10 2 17.8.2010. At present, it is submitted that the case has been included in the long pending cases since the petitioners had not responded to the summons issued from the court. It is the case of the petitioners that they had not been served with the summons and hence they could not appear before the court. The limited relief canvassed by the learned counsel for the petitioners is for an issue of direction/order to the court below to consider and dispose of the bail application moved by them on the date of their surrender, though the petition has been filed for quashing the final report filed by the police in the above case. 3. Having regard to the submissions made, I direct the JFCM, Kasaragod to consider and dispose the bail application, if any, moved by the petitioners, preferably on the date of their surrender itself, after issuing notice to the Public Prosecutor, provided the petitioners surrender before that Court within a period of two weeks from today. In default of the petitioners to surrender before the court within the above period, the learned Magistrate shall take appropriate steps for executing the CRL.M.C.3298/10 3 warrant and proceed against them in accordance with law. Subject to the above direction, the Crl.M.C. is disposed of. S.S.SATHEESACHANDRAN JUDGE prp CRL.M.C.3298/10 4