IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 Crl.MC.No. 2906 of 2010() ------------------------- ST.2187/2009 of JUDL.MAGISTRATE OF FIRST CLASS, PALA .................... PETITIONERS/ACCUSED NOS 1 & 2: ------------------------------------------------- 1. RAJASREE C.P @ MAYA D/O.PADMANABHAN, CHEMBAKATHADATHIL VEEDU MUTTUCHIRA PO, MUTTUCHIRA VILLAGE,KOTTAYAM. 2. RAJUPAL, S/O.PADMANABHAN CHEMBAKATHADATHIL VEEDU MUTTUCHIRA PO, MUTTUCHIRA VILLAGE,KOTTAYAM. BY ADV. SRI.C.RAJENDRAN SMT.R.S.SREEVIDYA RESPONDENTS/STATE & COMPLAINANT ----------------------------------------------------------- 1. STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE PALAI POLICE STATION, KOTTAYAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. AMMINI, W/O.VELAYUDHAN VELLICHIRA PO, PADANETTU HOUSE VELLICHIRA PO, PALA, KOTTAYAM 686 592. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/08/2010 ALONG WITH CRMC NO.3308/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. --------------------------- Crl.M.C. Nos. 2906 & 3308 OF 2010 -------------------------- Dated this the 13th day of August, 2010 O R D E R Crl.M.C. No. 2906 of 2010 is filed by the accused Nos. 1 and 2 in S.T No.2187 of 2009 on the file of the Judicial First Class Magistrate Court, Pala. The above case arise from Crime No.473 of 2009 of Pala Police Station in which a final report, after investigation, has been filed before the Magistrate by the investigating agency imputing offences punishable under Section 341, 294(b), 506(1) and 34 IPC. Crl.M.C. No. 3308 of 2010 is filed by the accused Nos. 1 to 4 in C.C. No.530 of 2008 on the file of the same court, and that case arise from Crime No.770 of 2007 of Pala Police Station in which a final report after investigation has been filed imputing offences under the Indian Penal Code, Information Technology Act and Indian Telegraph Act. 2. The defacto complainant in the above two cases and the petitioners are close relatives, is the submission of the learned counsel appearing for the petitioners. Complaints giving rise to the cases have been filed on false allegations in view of the personal animosity arising from the matrimonial disputes between the first Crl. M.C. Nos.2906 & 3308/2010 2 petitioner, common in both petitions, with her husband, who is the brother of the second respondent in both petitions, is the submission of the counsel. The first petitioner is stated to be a public servant. The first and second petitioners are working in a Medical Institution, and the complaints which led to their indictment for the offences under the Penal code and also other acts referred to above, according to the counsel, are activated by vex, malafides and further, devoid of any merit. Though the learned counsel vehemently urged that there is no material to connect the petitioners with any of the offences imputed in the two cases, at this stage, I cannot subscribe to the view canvassed as the records tendered with the petitioners, more particularly, the final reports presented by the investigating agency, would indicate otherwise. It will be open to the petitioners to seek for their discharge in case there are sustainable grounds for raising such a plea in their favour. Learned counsel also wanted to issue a direction to the court below to exempt them from personal appearance before the court granting them permission to appear through counsel. Petitioners can seek for such a relief, if they have justifiable cause, moving appropriate application. If any such Crl. M.C. Nos.2906 & 3308/2010 3 application is moved by the petitioners, no doubt such application has to be disposed of by the learned Magistrate in accordance with law. Subject to the above observations made above, both Crl.MCs are dismissed. S.S.SATHEESACHANDRAN, (JUDGE) vps Crl. M.C. Nos.2906 & 3308/2010 4 Crl. M.C. Nos.2906 & 3308/2010 5