IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.MC.No. 259 of 2009 -------------------------------- (M.C. NO. 95/06 OF THE SUB DIVISIONAL MAGISTRATE COURT, KOLLAM) ............ PETITIONER/ COUNTER PETITIONERS NO.21 & 23: ------------------------------------------------------------------------- 1. MUNEER, S/O.MUHAMMED, OOPPAN VILAYIL VEETTIL, KAMBISSERY THEKKUM BHAGAM, THEKKEMURI,VALLIKUNNAM. 2. SHAJI, S/O.SULAIMAN, PARAYANTEVADAKKETHIL, SHAJI MANZIL, MEENATH MURI, VALLIKUNNAM. BY ADV. SRI.C. RASHEED. RESPONDENTS/ PETITIONERS: --------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA,AT ERNAKULAM. 2. SUB INSPECTOR OF POLICE, KARUNAGAPPALLY. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A.SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 259 of 2009 ------------------------------------------------- Dated this the 27th day of January, 2009 ORDER The petitioners are counter petitioners 21 and 23 in proceedings initiated before the Sub Divisional Magistrate, Kollam under Sec.107 Cr.P.C. Their prayer is short and limited. They pray that the benefit or advantage that this Court had extended to the counter petitioners 17 and 19 as per Annexure-5 order dated 2/4/08 in Crl.M.C.No.1311/08 may be extended to them also as they are identically placed. 2. Notice was given to the learned Public Prosecutor. The learned Public Prosecutor was requested to take specific instructions. The learned Public Prosecutor now submits that the State has no objection against the petitioners also being given the same relief which was granted to the petitioners in Crl.M.C.No.1311/08 as per the order dated 2/4/08. Crl.M.C. No. 259 of 2009 -: 2 :- 3. In the light of the stand taken by the learned Public Prosecutor, I am satisfied that this petition can be allowed and the petitioners herein can also be granted relief which was granted to the co-counter petitioners as per Annexure-5 order. 4. In the result: (a) This Crl.M.C. is allowed. (b) M.C.No.95/06 on the file of the Sub Divisional Magistrate, Kollam, in so far as it relates to the petitioners who are counter petitioners 21 and 23 in Crl.M.C.No.95/06 shall stand quashed. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 259 of 2009 -: 3 :-