IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 28TH SEPTEMBER 2011 / 6TH ASWINA 1933 Crl.MC.No. 3306 of 2011() ------------------------- (CRIME NO: 1094/2011 OF SASTHAMCOTTAH POLICE STATION IN KOLLAM DISTRICT) PETITIONERS: ------------ 1. SHEMEER,S/O ABDUL KAREEM, SHEMEER MANZIL, KEEZHTHONI, ITTIVA VILLAGE, KADAKKAL, KOLLAM DISTRICT. 2. ABDUL JAVAD, S/O SHIHABUDEEN, MUHAMMED MANZIL, PALUVALLY, KANCHINADA, PANGODE VILLAGE, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI. B.MOHAN LAL RESPONDENT: COMPLAINANT & STATE ---------------------------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SASTHAMCOTTAH POLICE STATION, KOLLAM DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR ADV. SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/09/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: BKA N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3306 of 2011 ----------------------------------- Dated this the 28th day of September 2011 O R D E R Petitioners are the accused Nos.1 and 2 in Crime No.1094/2011 of Sasthamcottah Police Station. The learned counsel for the petitioners submits that the crime was registered only under Secs.342 and 324 read with Sec.31 IPC which are bailable offences. Hence, the petitioners intend to surrender before the learned Magistrate for taking bail from that court. The learned counsel submits that the F.I.R. which has been registered and produced before the learned Magistrate does not show the address and other particulars of the accused who are shown as the petitioners herein and as such the learned Magistrate may not entertain the bail application filed on behalf of the petitioners. The petitioners apprehend arrest by the police though in the F.I.R. the address and other Crl.M.C. No.3306 of 2011 -: 2 :- particulars are not mentioned. In the light of the above submission, this Crl.M.C. is disposed of with the following directions :- (i)If the petitioners genuinely apprehend that they are the accused in Crime No.1094/2011, they can move the learned Magistrate for bail. (ii)The learned Magistrate can get the copies of the photo identity cards showing their identity. (iii)If on the other hand, the learned Asst. Public Prosecutor submits before that court, after getting instructions from the concerned police officer, that the petitioners are not accused in the aforesaid crime, the petitioners should not be arrested in connection with this crime. N.K.BALAKRISHNAN, JUDGE. Jvt