IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Crl.MC.No. 2076 of 2011() -------------------------------- CC.423/2009 of JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG. .................... PETITIONER(S): ACCUSED NOS. 1 TO 3 --------------------------------------------------------- 1. MANAYATH KALLYANI, AGED 79 YEARS, D/O.KARIMBAN, MANAYATHU THARAVADU, THATTACHERY, P.O.NEELESWARAM, NEELESWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 2. DHANANJAYAN, AGED 50 YEARS, S/O.KALLYANI, MANAYATHU THARAVADU, THATTACHERY, P.O.NEELESWARAM, NEELESWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 3. MANAYATHU RATHEESH, AGED 22 YEARS, S/O.DHANANJAYAN, MANAYATHU THARAVADU, THATTACHERY, P.O.NEELESWARAM, NEELESWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.K.P.HARISH RESPONDENT(S): STATE & CW NO.1 IE, DEFACTO COMPLAINANT ---------------------------------------------------------------------------------------------- 1. STATE - REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. M.BALACHANDRAN, AGED 54 YEARS, S/O.MANAYATHU KALLYANI, MANAYATHU THARAVADU, THATTACHERY, P.O.NEELESWARAM, NEELESWARAM VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA ADV. SRI.TOJAN J. VATHIKULAM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.2076/2011 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE PRIVATE COMPLAINT DTD. 31.1.2009 FILED BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, HOSDURG. AII:- COPY OF THE FIR IN CRIME NO.41/2009 OF NEELESWARAM POLCIE STATION. AIII:- COPY OF THE CHARGE SHEET IN CC. 423/09 JUDICIAL FIRST CLASS MAGISTRATE COURT II, HOSDURG. A IV:- THE AFFIDAVIT DTD. 4.7.2011 OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.S. TO JUDGE tss B.P. RAY, J. ........................................... CRL.M.C.NO.2076 OF 2011 ............................................. Dated this the 11th day of July, 2011. O R D E R Heard the learned counsel for the petitioners. 2. The petitioners have been implicated in an offence under Sections 406,417,418,420 and 471 read with Section 34 IPC in C.C.No.423/2009 on the file of the Judicial Magistrate of First Class-II, Hosdurg. It is stated by the learned counsel for the petitioners as well as respondent No.2 that they have amicably settled the matter outside the court and they want to lead a peaceful life. 3. If the petitioners and respondent No.2/defaco complainant make a statement before the learned Magistrate that the matter has been amicably settled and if the learned Magistrate is satisfied that the matter has been settled between the parties amicably, he shall close the case. 4. The learned counsel for the petitioners states that since the first petitioner is aged about 79 years and the 2nd petitioner is in Abudhabi, it may not be possible for his clients to appear before the court on the date fixed for CRL.M.C.NO.2076 OF 2011 : 2 : recording the statement of respondent No.2. If petitioners 1 and 2 file an appropriate application for dispensing with their personal appearance before the learned Magistrate, the Magistrate shall do well in dispensing with the personal appearance of petitioners 1 and 2 on such terms and conditions which he deems fit. With the observations, this Crl.M.C is disposed of. Sd/= B.P. RAY, JUDGE. /true copy/ P.S. to Judge cl