IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 11TH MARCH 2009 / 20TH PHALGUNA 1930 Crl.MC.No. 931 of 2009() -------------------------------- C.C. NO.808/2005 ON THE FILE OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT, VAIKOM CRIME NO. 141/2002 OF THE KADUTHURUTHI POLICE STATION. PETITIONERS/ACCUSED NO. 2 & 3. -------------------------------------------------- 1. SOPHY, W/O.LATE SEBASTIAN KUNNATHU VEEDU, CHUVANNAMANNU KARA PANANCHERI VILLAGE, THRISSUR DISTRICT. 2. PAPPACHAN @ JOSEPH, S/O.THOMAS KUNNATHU VEEDU, CHUVANNAMANNU KARA PANANCHERI VILLAGE, THRISSUR DISTRICT. BY ADVOCATES MR.WILSON URMESE MR. M.C.ANTONY MR. KURIAKOSE G. THEKKEL RESPONDENT: --------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N.KRISHNAN, J - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. 931 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of March, 2009 O R D E R This petition is filed with a prayer to quash Annexure C to secure justice. Petitioners herein are charged under Sections 420, 406 and 34 IPC by the police and the case is pending before the Judicial 1st Class Magistrate Court, Vaikom. The petitioners herein are absconding accused and the case is in the long pending register of cases. Now the averments in the petition would reveal that they along with others have started kuri and public have joined kuries and they have tendered amounts and before the kuri has reached the final stage, they have abandoned the kuri and thereby it is alleged that they have committed the offences punishable as mentioned above. When a foreman conducts a kuri, it must be with the noble objective of making it complete, pay the persons to whom it is due and not to throw it away mid way and take away the money. I am not going in detail to the facts of the case for the reason it would affect either of the parties. So there are serious matters to be considered in the case and it is not a case which has to be thrown out at the initial stage itself. Therefore, the Crl.M.C. 931 of 2009 -2- prayer to quash the proceedings is to be rejected and I do so. The The petitioners are accused in long pending case. If they wish to surrender and move for bail then I direct the court below to consider the application for bail as expeditiously as possible. Surrender as well as moving of application for bail shall be done on the early working hours of a working day. The Crl. M.C. is disposed of accordingly. M.N.KRISHNAN, JUDGE rhs