IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 23RD DECEMBER 2010 / 2ND POUSHA 1932 Crl.MC.No. 5041 of 2010 --------------------------------------- CC 178/1998 (LP.35/2002) of JFCM-III, TRIVANDRUM .................... PETITIONER/ACCUSED: ANIL, S/O.VIKRAMAN NAIR, AGED 35, PANAM PAZHANJI PANAYIL VEEDU, JAGATHY WARD, THYCAUD VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENTS/STATE AND CW1: 1. THE STATE OF KERALA, REP. BY THE SUB INSPECTOR OF POLICE, THAMPANOOR POLICE STATION, REP. THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUNIL KUMAR, AGED 41, (CW1), S/O.KRISHNAN NAIR, LAKSHMI BHAVAN VEEDU, T.C.24/1667, KANNETTUMUKKU, THYCADU VILLAGE, THYCADU WARD. BY PUBLIC PROSECUTOR SRI.SABU SREEDHARAN FOR R1 ADV. SRI.V.S.THOSHIN FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.5041 of 2010 -------------------------- ORDER Petitioner is the accused and second respondent, the defacto complainant in C.C.No. 178/1998, now pending as L.P.No.35/2002 on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram, taken cognizance for the offence under Section 324 of Indian Penal Code. Grievance of the petitioner is that as non bailable warrant is pending, learned Magistrate is not granting permission to compound the offence without the petitioner surrendering before the court. 2. The offence was allegedly committed on 15.1.1998, at a time when the offence under Section 324 of Indian Penal Code was compoundable. When an offence is compoundable, as provided under Section 320 of Code of Criminal Procedure, the person, who is competent to compound the offence, namely, the person who sustained hurt, appears before the CRMC 5041/10 2 learned Magistrate and seeks permission to compound the offence, learned Magistrate shall not insist for the presence of the accused, for granting permission to compound the offence. Petition is disposed. 23rd December, 2010 (M.Sasidharan Nambiar, Judge) tkv