IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 12TH JULY 2011 / 21ST ASHADHA 1933 Crl.MC.No. 714 of 2011() ----------------------------------- CC.NO. 191/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, ATTINGAL CRIME NO.478/2002 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT .................... PETITIONER(S): ACCUSED NO.1 ------------------------------------------------- K.VIJAYAKUMAR, S/O.KESAVAN, PANKAJA MANDIRAM, MURALKKUNPUZHA P.O., TRIVANDRUM DISTRICT PIN - 695 302. (PREVIOUS ADDRESS KESAVAM VEEDU, CHIRAKKONAM, VEILOOR). BY ADV. SRI.T.R.RAJAN RESPONDENT(S): COMPLAINANT AND THE PUBLIC PROSECUTOR, ------------------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPCTOR OF POLICE, MANGALAPURAM, TRIVANDRUM DISTRICT, PIN - 695 317. 2. THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SRI.M.R.VENUGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.714/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A1: COPY OF THE FIRST INFORMATION REPORT DATED 17/11/2011 IN CRIME NO.478 OF 2002 OF MANGALAPURAM POLICE STATION, THIRUVANANTHAPURAM DISTRICT. ANNEX A2: COPY OF THE CHARGESHEET DATED 21/12/2002 IN L.P.53/2007 ON THE FILES OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ATTINGAL. ANNEX A3: COPY OF THE JUDGMENT DATED 30TH JUNE, 2005 IN C.C.NO.191/03 OF THE JUDICIAL 1ST CLASS MAGISTRATE COURT-II, ATTINGAL. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 714 of 2011 - - - - - - - - - - - - - - - - Dated this the 12th day of July, 2011. O R D E R Heard the learned counsel for the petitioner. 2. The petitioner is the first accused in Crime No. 478 of 2002 of Mangalapuram Police Station for offences punishable under Sections 143, 147, 149, 447 and 427 IPC and now pending as L.P. No. 53 of 2007 pending before the Judicial First Class Magistrate-II, Attingal. The learned counsel for the petitioner submits that nine accused persons have been acquitted of the charge. Let the petitioner file appropriate application for discharge before the learned trial court. If such an application is filed, the learned Magistrate shall deal with the matter and pass appropriate orders. It is submitted by the learned counsel for the petitioner that due to the non appearance of the petitioner, non bailable warrant has been issued by the trial court. If the petitioner surrenders on or before 12.08.2011 and apply for bail, the learned Magistrate may release him on such terms and conditions which he deems fit. The petitioner may not be arrested till the date of surrender in the aforementioned case. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv