IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 2ND NOVEMBER 2010 / 11TH KARTHIKA 1932 Crl.MC.No. 4085 of 2010() ----------------------------------- ( IN S.C.NO.115/2010 OF THE ADDITIONAL SESSIONS COURT, ADHOC-1, KOTTAYAM) ---------------------- PETITIONER(S): ---------------------- ANIL KUMAR, @ AMBILI ASHA, S/O.RAGHAVAN, EETTAKKAL HOUSE, CHIRAKKADAVU VILLAGE, KANJIRAPALLY, KOTTAYAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI. REJI SMT. THARA THAMBAN SRI.BIPIN.B SMT.REVATHY P. NAIR RESPONDENT(S)/ STATE & DEFFACTO COMPLAINANT ----------------------------------------------------------------------------- 1. STATE OF KERALA, REP BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, REPRESENTING THE CIRCLE INSPECTOR OF POLCIE, PONKUNNAM POLICE STAITON, KOTTAYAM DISTRICT. 2. ARUN.S.,S/O.SREEDHARAN NAIR, ASWATHY BHAVANAM, GRAMADEEPAM BAGAM, CHIRAKKADAVU VILLAGE, KANJIRAPALLY, KOTTAYAM DISTRICT-686001. R1 BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 4085 OF 2010 =========================== Dated this the 2nd day of November,2010 ORDER Petitioner is the fourth accused in S.C.115/2010 on the file of Additional Sessions Court, Adhoc-I, Kottayam taken on file as per an order of committal by Judicial First Class Magistrate-II, Kanjirapally on Annexure A1 complaint, filed after a refer report was submitted by the Sub Inspector of Police in Crime 5/2008 of Ponkunnam Police Station. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. On hearing the learned counsel I do not find it for this court to analyse the entire materials and find out whether there is any material against the petitioner. Petitioner is entitled to raise all the contentions before Crl.M.C.4085/2010 2 the learned Sessions Judge and seek an order of discharge under section 227 of Code of Criminal Procedure. Petition is disposed granting liberty to the petitioner to raise all the contentions raised herein and seek an order of discharge under section 227 of Code of Criminal Procedure. If a petition is filed to dispense with his presence after appearance by the petitioner, Sessions Judge not to insist for the presence of the petitioner for hearing the question whether petitioner is to be discharged or a charge is to be framed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006