IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.MC.No. 2147 of 2011() ------------------------------- LP.27/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS-I (FOREST OFFENCES), THODUPUZHA .................... PETITIONER(S): ACCUSED NO.3 ------------------------------------- ANISH, AGED 25 YEARS, S/O. FRANCIS, PATTA VEETIL HOUSE, THAKKALA BHAGOM, THALAKULAM VILLAGE, KANYAKUMARI DISTRICT. BY ADV. SRI.R.GOPAN RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. NU PUBLIC PROSECUTOR SRI. B. VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.2147/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF FIR IN CRIM NO.621/2005 OF THE THODUPUZHA POLICE STATION DATED 12/11/2005. ANNEXURE B:COPY OF THE MAHAZAR PREPARED BY THE SUB INSPECTOR OF POLICE, THODUPUZHA POLICE STATION IN CRIME NO.621/2005 DATED 12/11/2005. ANNEXURE C:COPY OF THE LIST OF PROPERTY IN CRIME NO.621/2005 OF THODUPUZHA POLICE STATION DATED 01/03/2005. ANNEXURE D:COPY OF THE FINAL REPORT IN CRIME NO.621/2005 OF THODUPUZHA POLICE STATION 12/11/2005. ANNEXURE E:COPY OF THE JUDGMENT DATED 07/07/2008 IN C.C. NO.338/2006 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, THODUPUZHA. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2147 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Due to non appearance of the petitioner on the day fixed, non bailable warrant has been issued against him. Petitioner is involved in a case L.P.No.27/2009 arising out of Crime No.621/2005 of Thodupuzha Police Station pending in the court of Judicial First Class Magistrate-I, Thodupuzha, registered for the offences punishable under Sections 447, 427 and 297 read with Section 34 of Indian Penal Code. Out of the four accused, accused 1 and 2 have been acquitted after trial. 3. Learned counsel for the petitioner submits that in view of the acquittal of accused 1 and 2, the charge against the petitioner may be quashed. I am not inclined to quash the charge at this stage. However, if the petitioner surrenders on or before 27th of this month and applies for bail in the aforementioned case, he shall be released on bail on such terms and conditions the learned Magistrate deems fit and thereafter proceed with the trial. Crl.M.C. is disposed of. B.P.RAY, JUDGE jes