IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Crl.MC.No. 353 of 2008() ------------------------ CRIME NO. 863 OF 2007 OF OLLUR POLICE STATION PETITIONER: ACCUSED ------------------- 1. BHUVANENDRAN,AGED 48 YEARS, S/O.CHELLAYAN, B TYPE QUARTERS, KERALA POLICE ACADEMY,THRISSUR.\ 2. K.GIRISH,AGED 42 YEARS,S/O.KUMARAN KALARIKKAL HOUSE,ELAMTURUTH DESOM, MARATHAKKARA VILLAGE,THRISSUR. BY ADV. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENTS: ------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA ERNAKULAM, REPRESENTED BY SUB INSPECTOR OF POLICE OLLUR POLICE STATION. 2. RAGHU ,S/O.KUMARAN KALARIKKAL HOUSE, ELAMTURUTHI DESOM, MARATHAKKARA VILLAGE, THRISSUR. BY ADV. SRI.P.K.SAJEEV PUBLIC PROSECUTOR SRI.M.S. BREEZE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.Ramkumar, J. ................................................. Crl.R.P No. 353 of 2008 .................................................. Dated: 8th February 2008 ORDER Petitioners who are the accused in Crime No. 863 of 2007 of Ollur Police Station for offences punishable under Sections341, 323, 452 and 294 (b) read with Sec. 34 I.P.C. have subsequently settled the matter with the de facto complainant/2nd respondent. Eventhough they have filed a joint petition under Sec. 320 Cr.P.C. as Mrl.M.A. No. 717 of 2008 seeking to compound the aforesaid offences, the request cannot be granted. The offences which are compoundable is Sec. 323 and 341 I.P.C. Hence, the composition so far as it relates to Secs. 323 and 341 I.P.C. said offences is recorded and it will have the effect of acquittal of the accused of the offences under Section s 341 and 323 I.P.c. 3. What now survives for consideration is the culpability of the petitioners with regard to the offences punishable under Section s 294 B and 452 I.P.C. There is no allegation at all in the F.I. statement that the accused had abused the complainant with Crl.R.P No. 353 of 2008 -:2:- obscene words, much less, disclosure of the obsecne words so as to attract the offence punishable under Sec. 294 (b) I.P.C. Hence, the complaint is deficient of an allegation to make out an offence punishable under Sec. 294 (b) I.P.C. and the complaint so far as it relates the above offence will not stand. The trespass can amount to a criminal trespass only if the trespass committed with the intention of committing the offences. With the compounding of the offence punishable under Sections 323 and 341 and the quashing of the F,.I.R. so far as it relates to the offence punishable under Sec. 293 (b) I.P.C. non of those offences can be attributed to the petitioners. If so, mere trespass by itself cannot be constitute a criminal trespass. Hence, the allegation under Sec. 452 cannot be sustained. In the result, this Crl. M.C. is allowed the F.I.R. in Crime No. 863 of 2007 of Ollur Police Station shall stand quashed. V. Ramkumar, Judge. Crl.R.P No. 353 of 2008 -:3:- V.Ramkumar, J. ................................................. Crl.R.P Nos. 618 and 619 of 2008 .................................................. Dated: 8th February 2008 ORDER The common petitioner in these petitioners filed under Section 482 Cr.P.C. is a woman who was the common accused in C.C. Nos.388 of 2007 and 267 of 1997 respectively of J.f.C.M., Paravoor. Both were prosecutions under Sec. 138 of the Negotiable Instruments Act. The respective complainants in those C.C. cases are brothers. As per judgment dated 7-6-2001 the petitioner was found guilty and sentenced to six months imprisonment and to pay the cheque amount as compensation in each of the cases. According to the petitioner she was mentally de-ranged for a long period and was undergoing treatment and this prevented her from filing an appeal in time. On 7-12-2007, in execution of the sentence imposed by the learned Magistrate the petitioner was arrested and she is in custody ever since then. On 21-12-2007, she filed two appeals before the Sessions Court, Kollam against the conviction and Crl.R.P No. 353 of 2008 -:4:- sentence passed by the Magistrate in the aforesaid two C.C. cases. The appeals were filed along with petitions to condone the delay in filing the above appeals. Crl. M.P.No. 4143 of 2007 is the petition to condone the delay in the appeal preferred against the judgment in C.C. 388 of 1997 and Crl.M.P. 4142 of 2007 is the petition for condoning the delay in the appeal preferred against the judgment in C.C. No. 267 of 1997. According to the petitioner the respondents/complainants in the said appeals are evading notice and thereby prolonging to the detention of the petitioner in custody to her extreme disadvantage. Under these circumstances, these Crl. MCs. are disposed of directing the Sessions Judge , Kollam to ensure that the service of notice on the respective complainants in which the above Crl.M.C.s are accepted. In case that court finds it difficult to effect service of notice, appropriate interim orders may be passed on the petitions filed by the petitioner for suspending the sentence by the trial court even if service on the delay petitioners are not complete. Crl.R.P No. 353 of 2008 -:5:- V. Ramkumar, Judge.