IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 5TH FEBRUARY 2009 / 16TH MAGHA 1930 Crl.MC.No. 561 of 2009() --------------------------------------- (CRIME NO.50/1999 OF PANNIANKARA POLICE STATION) .................... PETITIONER(S): ------------------------ 1. ABDUL SALAM, AGED 27 YEARS, S/O.MUHAMAD, MALAYIL KOTTAYIL VEEDU, IDIMOOZHIKKAL, CHALIYIL PARAMBA, CHELEMBRA, MALAPPURAM. 2. N.P.RIYAS, AGED 30 YEARS, S/O.MUHAMAD, NADAMMAL PUTHIYATH, MALAYIL KOTTAYIL VEEDU, IDIMOOZHIKKAL, CHALIYIL PARAMBA, CHELEMBRA, MALAPPURAM. BY ADV. MR.MANJERI S.SUNDERRAJ RESPONDENT(S): --------------------------- STATE OF KERALA, REP. BY STATION HOUSE OFFICER, PANNIYANKARA POLICE (COMPLAINANT) REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. C.M.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 561 of 2009 ------------------------------------------------- Dated this the 5th day of February, 2009 ORDER This Crl.M.C. has been filed by the petitioners in Crl.M.C.No.2517/08 complaining that they have not been granted the benefit of the order in Crl.M.C.No.2517/08 dated 4/8/08 for want of clarity in the said order. 2. The petitioners are accused 4 and 11 in the charge sheet and in Crl.M.C.No.2517/08 they were petitioners 2 and 3. The order passed in that Crl.M.C. was clearly intended to cover the petitioners herein also. 3. There were three petitioners in Crl.M.C.No.2517/08. In the order passed, it is seen assumed that all the petitioners are accused in S.C.No.792/07. It is submitted that, as a matter of fact, only the 1st petitioner therein was the accused in S.C.No.792/07; whereas the case against the petitioners herein Crl.M.C. No. 561 of 2009 -: 2 :- had not been committed and was pending before the learned JFCM-III, Kozhikode, as L.P.No.21/07 (C.P.No.24/04). 4. This Crl.M.C. is accordingly allowed. It is clarified that the petitioners herein who are petitioners 2 and 3 in Crl.M.C.No.2517/08 are entitled to the advantage of the order dated 4/8/08 in Crl.M.C.No.2517/08. The case against them which is now pending as L.P.No.21/07 (C.P.No.24/04) before the learned JFCM-III, Kozhikode, is also hereby quashed. (R. BASANT, JUDGE) Nan/