IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 Crl.MC.No. 3073 of 2011 --------------------------------- [CRIME NO.337/2011 OF POZHIYOOR POLICE STATION] .................... PETITIONERS/ACCUSED (A1 AND A2): ------------------------------------------------------- 1. SUNIL, AGED 28, S/O.SUKUMARAN, CHILLINVILA VEEDU, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE. 2. KANNAN @ SUJIN, AGED 23, S/O.SUKUMARAN, CHILLINVILA VEEDU, THIRUPURATHOOR DESOM, THIRUPURAM VILLAGE. BY ADVS. SRI.R.T.PRADEEP, SRI.SREEKANTH S.NAIR. RESPONDENT: ---------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI. JAIBY PAUL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3073/2011: APPENDIX PETITIONER'S ANNEXURES: ANNEXURE -I: COPY OF THE FIR DTD. 24/06/2011 IN CRIME NO.337/2011 WITH TRANSLATION. ANNEXURE-II: COPY OF THE ADDL. REPORT DATED 29/06/2011 WITH TRANSLATION. RESPONDENT'S ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.3073 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of September, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioners are accused Nos.1 and 2 in Crime No.337/2011 of Pozhiyoor Police alleging offences punishable under Section 17(4) read with Sections 20, 23 of Kerala Protection and Regulation of Removal of Sand Act, 2011 and Sections 353, 294(b), 308, 341 and 34 of Indian Penal Code. The case is now pending before the Judicial First Class Magistrate-II, Neyyattinkara. Petitioners herein pray for a direction to quash Annexures I and II and all further proceedings pursuant to that. 3. I am not inclined to quash the proceedings at this stage. However, it is open to the petitioners to surrender and apply for bail before the trial court. Learned counsel for the petitioners submits that the petitioners are now ready and willing to surrender before the trial court. If the petitioners surrender on or before 29th September 2011 and apply for bail in the aforementioned case, Magistrate concerned shall release them on bail on such terms and conditions he deems fit. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes