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. 2160 of 2011() ------------------------- CC.436/2005 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II,NEYYATTINKARA .................... PETITIONER(S): A1 TO A5 ----------------------- 1. SAJEESH KUMAR @ STEEL SAJI, (A1), S/O. MANIKANTAN NAIR, HOUSE NO.34, GREEN GARDEN, PARAVANKUNNU, MANACAUD VILLAGE. 2. NAZAR @ STEEL NAZAR, (A2), S/O. ABDUL GAFOOR, HOUSE NO.6, GREEN GARDENS, TC 63/2600, PARAVANKUNNU, MANACAUD VILLAGE. 3. THANSEER @ THUMBI, (A3), S/O. ILLYAS, AFSAL MANZIL, KIZHAKKETHOTTAM, AMBALATHARA WARD, MANACAUD VILLAGE. 4. FAZIL, S/O. ABDUL SALAM, (A4), NAVODAYA LANE, TC 48/415, PARAVANKUNNU, AMBALATHARA WARD, MUTTATHARA VILLAGE. 5. SACHIN, S/O. JAYALAL, (A5), KARTHIKA VEEDU, TC 43/763(2), JUBILEE NAGAR, KALLATTUMUKKU, KAMALESHWARAM WARD, MUTTATHARA VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE & CW1 -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. BINOJ, S/O. CHANDRAN, (CW1), TC 68/2212, KOLLAMTHARA, PACHALOOR DESOM, THIRUVALLOM VILLAGE. BY ADV. SRI.V.S.THOSHIN FOR R2 PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 2160 of 2011 APPENDIX: PETITIONERS' ANNEXURES: ANNEXURE A: CERTIFIED COPY OF THE FINAL REPORT IN CRIME No.123/04 OF THIRUVALLAM POLICE STATION NOW PENDING AS C.C. NO.436/2005 ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE COURT-II, NEYYATTINKARA. ANNEXURE B: AFFIDAVIT SIGNED BY THE 2ND RESPONDENT. RESPONDENTS' ANNEXURES: NIL. TRUE COPY P.A TO JUDGE. Kp/ B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2160 of 2011 - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011. O R D E R Heard the learned counsel for the petitioners, the learned counsel for the State and the learned counsel for the 2nd respondent. 2. The petitioners are accused Nos. 1 to 5 in Crime No. 123 of 2004 of Thiruvallam Police Station for offences punishable under Sections 143, 147, 148, 149, 323, 324 IPC and Section 27 of the Arms Act and now pending as C.C. No. 436 of 2005 before the Judicial First Class Magistrate-II, Neyyattinkara. It is stated by the learned counsel for the second respondent that the matter has been settled outside the court. If that be so, respondent No.2 shall make a statement before the trial court to that effect. In that event if the learned Magistrate is satisfied that the matter has been settled out of court, then he shall close the case. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv