IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 25TH FEBRUARY 2010 / 6TH PHALGUNA 1931 Crl.MC.No. 285 of 2010() ------------------------ CA.977/2009 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... (CRIME NO.124/2001 OF NALLALAM POLICE STATION,KOZHIKODE DISTRICT) PETITIONER(S): ACCUSED: ------------------------------------------ P.DAMODARAN NAIR, S/O.KUMARAN NAIR, PULPARAMBIL , KODAL NADAKKAVU, PANTHEERANKAVU VILLAGE, KOZHIKODE TALUK. BY ADV. MR.P.V.KUNHIKRISHNAN RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. SUB INSPECTOR OF POLICE, NALLALAM POLICE STATION, NALLALAM, KOZHIKODE. 2. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.285 OF 2010 ------------------------------------------ Dated 25th February 2010 O R D E R Petition is filed under Section 482 of Code of Criminal Procedure to quash Annexure-A FIR in crime No.124/2001 of Nallalam police station, now pending before Judicial First Class Magistrate-V, Kozhikode or in the alternative a direction to the Magistrate to return the title deeds of the sureties, contending that title deeds were deposited nine years back and in such circumstances, petitioner may be permitted to substitute the sureties. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Public Prosecutor Crmc 285/10 2 submitted that final report has already been submitted before the court on 12/2/2010 subsequent to the filing of the petition. As prayer is only to quash the FIR and petitioner was directed to amend the petition. Learned counsel appearing for the petitioner then submitted that relief is restricted to the alternative prayer. 4. If the petitioner files an application to substitute the sureties, learned Magistrate may exonerate the sureties and accept the new sureties and return the title deeds produced by them before the court. It is upto the learned Magistrate to satisfy the sufficiency of the sureties so produced. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj. Crmc 285/10 3