IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Crl.MC.No. 1143 of 2005() ------------------------- CC.1230/2004 of JUDL.MAGISTRATE OF FIRST CLASS, PERUMBAVOOR .................... PETITIONER(S): --------------------- GILSON, S/O.VARKEY, AATHAPPILLY VEETTIL, SOUTH VELLARAPPILLY KARA, CHOWARA THEKKUMBAGOM VILLAGE. BY ADV. SRI.C.Y.VINOD KUMAR RESPONDENT(S): ------------------------- THE STATE OF KERALA, (REP. BY SUB INSPECTOR OF POLICE, KALADY POLICE STATION, CRIME NO.110/04 OF KALADY POLICE STATION), REP. BY STATE PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.VIND THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1143 of 2005() ---------------------------------- APPENDIX --------------- PETITIONER'S ANNEXURES ----------------------------------------- ANNEXURE A. COPY OF THE FIR IN CRIME NO.110/04 OF KALADY POLICE STATION ON THE FILE OF THE JUDL. FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR. ANNEXURE B. CERTIFIED COPY of the CHARGE SHEET SHOWING THE ALLEGATION AGAINST THE PETITIONER WITH THE LIST OF WITESSES, DATED 5.3.2004. ANNEXURE C. COPY OF THE ORDER DATED 7.3.2005 IN CRL.M.A.430/05 IN CRL.MC.157/05 PASSED BY THIS HON'BLE COURT. RESPONDENT'S EXHIBITS: NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1143 of 2005 - - - - - - - - - - - - - - - - Dated this the 12th 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 accused in Crime No. 110 of 2004 of Kalady Police Station for offences punishable under Rule 48N r/w Rule 58(1) of the Kerala Minor Mineral Concession Rules, 1967 and now pending as C.C No. 1230 of 2004 before the Judicial First Class Magistrate, Perumbavoor. I am not inclined to quash the charge at this stage. It is open to the petitioner to plead for a discharge. The learned counsel for the petitioner states that due to the non appearance of the petitioner, non bailable warrant of arrest has been issued. If the petitioner surrenders before the trial court on or before 07.09.2011 and applies for bail, he shall be released on bail on such terms and conditions the learned Magistrate deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv