IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH FEBRUARY 2009 / 22ND MAGHA 1930 Crl.MC.No. 628 of 2009() ---------------------------------- CRIME NO.78/2009 OF POOYAPPALLY POLICE STATION. .................... PETITIONER(S): ACCUSED 1 TO 4: ------------------------- 1. NAVAS, S/O.ABDUL AZEEZ, NISHA MANZIL, PALLIKKAL VILLAGE, KIZHAKKEKONAM, PALLIKKAL, THIRUVANANTHAPURAM DISTRICT. 2. NOUSHAD, S/O.ABDUL RASHEED, NOUFAL MANZIL, ROADVILA CHERIYA VELINALLOOR, VELINALLOOR VILLAGE, KOTTARAKKARA, KOLLAM. 3. NAJEEM, S/O.MUHAMMED HANEEFA, THADATHIVILA VEEDU, CHERIYAVELINALLOOR, VELINALLOOR VILLAGE, KOTTARAKKARA, KOLLAM. 4. ANSAR, S/O.MUHAMMED KUNJU, NADUVILAZHIKATHU VEEDU, MADAVOOR VILLAGE, PALLIKKAL, THIRUVANANTHAPURAM. BY ADV. MR.B.MOHANLAL RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, POOYAPPALLY POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 628 OF 2009 --------------------------------- Dated this the 11th day of February, 2009 O R D E R This is an application filed with a prayer to quash F.I.R in Crime No. 78/2009 and also to direct Judicial First Class Magistrate Court-II, Kottarakkara to release the petitioners on bail in case of their surrender. The present petition is filed by accused Nos. 1 to 4 in the case. The police has registered a crime under Section 452, 294(b), 427, 323 r/w Section 34 of I.P.C. The averments against them is that all of them went in a red car and thereafter trespassed into the house of the de facto complainant and attacked her and are also destroyed the television set as well as the household utensils. The crime is under investigation. It is too early to approach the court to quash even before the investigation has started. It is for them to approach the court below for bail if they are in need of it. Therefore I do not propose to pass any orders granting any relief but I dispose of the Crl.M.C with the observation that if they move for bail, it may be considered as expeditiously as possible after due notice to the prosecution. The Crl.M.C is disposed of accordingly. M.N. KRISHNAN,JUDGE vkm