IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 3576 of 2006() ------------------------------------- CC.NO.393/2005 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM CRIME NO.275/2005 OF KAYAMKULAM POLICE STATION .................... PETITIONER/ ACCUSED ------------------------------------ CHANDRADAS, S/O.VASU, PAVITRAM VEEDU, WARD NO.XXIX, KAYAMKULAM MUNICIPAL CORPORATION. BY ADV. SRI.C.RAJENDRAN RESPONDENT(S): COMPLAINANT -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, KAYAMKULAM POLICE STATION (CRIME NO.275/2005) THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. KERALA STATE CASHEW DEVELOPMENT CORPORATION LTD., CASHEW HOUSE, P.B.NO.13, KOLLAM-691 001 REPRESENTED BY THE FACTORY MANAGER OF KRISHNAPURAM NO.4 FACTORY. R1 BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3576/2006 APPENDIX PETITIONER'S ANNEXURES: ANNEX A-1 COPY OF THE COMPLAINT DATED 20/4/05. ANNEX A-2 COPY OF THE FIR ANNEX A-3 COPY OF THE FINAL REPORT. ANNEX A-4 COPY OF THE MAHAZAR ANNEX A-5 COPY OF THE PLAINT IN OS. 46/2000 ANNEX A-6 COPY OF THE COMMISSIONER'S MAHAZAR ANNEX A-7 COPY OF THE ROUGH SKETCH ANNEX A-8 COPY OF THE PLAINT IN OS.127/2003 ANNEX A-9 COPY OF THE LEASE AGREEMENT RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.3576 of 2006 - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the first accused in Crime No. 275 of 2005 of Kayamkulam Police Station for offences punishable under Sections 447, 379 and 427 r/w Section 34 IPC and now pending as C.C. No. 393 of 2005 before the Judicial First Class Magistrate, Kayamkulam. I am not inclined to examine the contentions raised at this stage. It is open to the petitioner to file an application for discharge before the learned trial court who shall pass appropriate orders thereon. 2. The learned counsel for the petitioner states that the personal appearance of the petitioner may not be insisted upon before the trial court. If the petitioner files an application under Section 205 Cr.P.C, the same shall be considered on merit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv