IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 23RD DECEMBER 2011 / 2ND POUSHA 1933 Crl.MC.No. 4471 of 2011() ----------------------------------- CC.2015/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, THRISSUR. CRIME NO.701/2008 OF THRISSUR TOWN EAST POLICE STATION. .................... PETITIONER(S): ACCUSED ---------------------------------------- 1. ARUN RAO, S/O. GOVINDA RAO, MADIMUGAR HOUSE, AYYANTHOLE VILLAGE, THRISSUR. 2. BINOY, S/O. SATHYANATHAN, MELEVADAYAKALATHIL HOUSE, VEMBALA, KOTTAKKAL, KOZHIKODE DISTRICT. BY ADVS. SRI.P.SANTHOSH (PODUVAL) SMT.R.RAJITHA RESPONDENT(S): COMPLAINANT AND STATE ------------------------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. FRANCIS DEVASSY, S/O. RAPPAI, PANTHALLOOKKARAN HOUSE, VATTANATHRA DESOM, AMBALLUR VILLAGE, THRISSUR-680001. R1 BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.4471/2011 APPENDIX PETITIONER'S ANNEXURES A (A):-COPY OF THE FINAL REPORT IN CRIME NO. 701/08 OF THRISSUR TOWN EAST POLICE STATION. A(B):-A COPY OF ORDER DATED 2-11-2011 IN C.C. 2136/08 OF JUDICIAL FIRST CLASS MAGISTRATE COURT NO.I THRISSUR. RESPONDENTS' EXHIBITS NIL:- TRUE COPY P. S. TO JUDGE tss N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.4471 of 2011 ---------------------------------------------------- Dated this the 23rd day of December, 2011 Order The petitioners are A4 and A5 in Crime No.701 of 2008 of Thrissur Town East Police Station. The other three accused persons who faced trial were acquitted by the trial court as the case was compounded between the defacto complainant and those accused persons. Annexure B is the order passed by the learned Magistrate. The petitioners were students and the crime happened to be registered as there was a 'gharavo'. The Principal of that college who is the defacto complainant has compounded the offence as against other accused. Only because the defacto complainant is now abroad, the case could not be now compounded. The defacto complainant - Principal would be returning after two months, it is stated. Since the matter was settled, the petitioners did not surrender before the court earlier. Now warrant is pending against them. Considering the fact that the petitioners were students and the matter was settled earlier, if the petitioners surrender before the court below within two Crl.M.C.4471/2011 2 weeks from today, the learned Magistrate will consider the aforesaid circumstances and will sympathetically consider their request for bail. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.4471/2011 3