IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 Crl.MC.No. 3772 of 2008() ------------------------- CRIME NO.349/1999 OF KURUPPUMPADY POLICE STATION .................... PETITIONER(S): 4TH, 5TH, 6TH, 7TH AND 8TH ACCUSED ---------------------------------------------- 1. IBRAHIM, S/O.FAKKRUDHEEN, AGED 46, KIZHAKKEMADOM, KARRIKOTTU KARA, TODUPUZHA. 2. SHAJUDHEEN, S/O.ABDUL KADHER, ELEVENTHADATHUL HOUSE, VELIYAMATTOM. 3. MOHANAN, S/O.MADHAVAN, AGED 30, KULATHINGAL HOUSE, KANJIRAMATTOM, TODUPUZHA. 4. SIVAN,S/O.OF KUNJNON, AGED 30, THOTTAM KARA HOUSE, KARIKKODU, TODUPUZHA. 5. SHAJI, S/O.SULAIMAN, AGED 34, PALLATHUPARAMBIL HOUSE, SASTHAMPARA, EDAVATTY, THODUPUZHA. BY ADV. SRI.K.R.SUNIL RESPONDENT(S): COMPLAINANT -------------------------- 1. THE CIRCLE INSPECTOR OF POLICE, KURUPPUMPADY POLICE STATION, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. T.I.ABDUL RAZAK, THANNIKAL HOUSE, MUTTUPALLY.P.O, ERUMELY, KOTTAYAM. ADDL. 3. MATHUKUTTY, S/O.IDIKULA, AGED 46, KUDATHIL HOUSE, ERUMELY VILLAGE, ERUMELY KARA. ADDL. 4. SHAJI S/O.IDIKULA, AGED 29, VALIYAPARAMBIL HOUSE, PERUNADU KARA, KOLLMULLA VILLAGE, PATHANAMTHITTA DISTRICT. (Addl.Respondents 3 and 4 are impleaded vide order dt.31.10.08 in Crl.M.Appl.No.5864 of 2008) PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3772 of 2008 ------------------------------------- Dated this the 17th day of November, 2008 ORDER Petitioners are accused 4 to 8 and they face indictment in a prosecution for offences punishable, inter alia, under Section 395 I.P.C. The petitioners have come to this Court with a prayer that the prosecution against them may be quashed on the ground that the victims have compounded the offences alleged against them. They pray for the invocation of the jurisdiction under Section 482 Cr.P.C as enabled by the dictum in Madan Mohan Abbot v. State of Punjab [2008 (3) KLT 19 (SC)]. 2. But in the course of the proceedings, it is now evident that one of the victims is not willing to report such composition and in these circumstances the petitioners modify their prayer and request that there may be a direction to the learned Magistrate to consider their application for bail on merits, in accordance with law and expeditiously - on the date of surrender itself in accordance with the dictum in Alice George v. The Deputy Superintendent of Police [2003(1) KLT 339] and Sukumari v. State of Kerala [2001(1) K.L.T 22]. Crl.M.C. No.3772 of 2008 2 3. I am satisfied that there is merit in the prayer of the petitioners that their application for bail is liable to be considered on merits, in accordance with law and expeditiously - on the date of surrender itself in accordance with the dicta in the cases referred above. No special or specific directions appear to be necessary. Every court must comply with such direction. It is not necessary for this Court in every subsequent case to issue directions under Section 482 Cr.P.C to the Magistracy to follow the dicta in Alice George v. The Deputy Superintendent of Police and Sukumari v. State of Kerala [2001(1) K.L.T 22] . Every court must do the same. I have no reason to assume that the same shall not be done. If there be non compliance, the avenues of challenge/complaint are available for the petitioners. 3. This Crl.M.C is, in these circumstances, dismissed, but with the above specific observations. 4. Hand over a copy of this order to the learned counsel for the petitioners for production before the court below. (R.BASANT, JUDGE) rtr/-