IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 Crl.MC.No. 718 of 2010() ------------------------ PETITIONER(S): ACCUSED ---------------------- 1. BINOY SEBASTIAN, S/O. SEBASTIAN, PALLATH VEEDU, KAKKADAMPOYIL P.O., AREACODE. 2. SHENOY, S/O. DEVASSYA, PALLATH VEEDU, KAKKADAMPOYIL. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE -------------------------------- 1. SIVAN, ASI, C.I.OFFICE, ALUVA. 2. SUB INSPECTOR OF POLICE, THIRUVAMBADY. 3. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR MR.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/05/2010, ALONG WITH CRMC NO. 756 OF 2010 . THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. Nos. 718 and 756 of 2010 -------------------------------------- Dated this the 28th day of May, 2010 ORDER Some of the petitioners in these petitions filed under Section 482 Cr.PC are accused in Crime No.44/2010 of the Thiruvambadi Police Station, registered for offences punishable under Sections 143, 147, 332, 294(b) and 323 read with 149 IPC. The matter arises out of a "man missing" case registered by the Aluva Police as Crime No.253/2009, with regard to the missing of one Sumitha. On coming to know that Sumitha and her mother were in Thiruvambadi, the police party took her and her mother in a jeep at about 12.30 P.M on 5.2.2010 as a measure of rescuing them from the accused persons. The police party were allegedly attacked by some of the petitioners and others, resulting in the Thiruvambadi police registering the above Crime No.44/2010. 2. The learned counsel for the petitioners submits that Sumitha, aged 23 years, had eloped with her lover Binoy, brother of the second accused Shinoy and they had got married under the provisions of the Special Marriage Act on 27.10.2009 and that neither Sumitha nor her mother were accused in any case so as to Crl.M.C. Nos.718 & 756 of 2010 : 2 : be taken into custody by the police. 3. The learned Public Prosecutor submitted that the police party was really rescuing the two ladies and not taking them into custody. 4. Investigation of the case is still in progress. I do not find any prima facia ground to quash the F.I.R registered against some of the petitioners. In case, the police file any final report charge sheeting the petitioners and in case ground exists to challenge the same, the aggrieved petitioners will be entitled to do so. Reserving the above right of the petitioners this Criminal M.C is dismissed. V.RAMKUMAR, JUDGE dmb