IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 Crl.MC.No. 4948 of 2008() ----------------------------------- CRIME NO.389/2007 OF POOJAPPURA POLICE STATION. ................... PETITIONER(S): ----------------------- 1. SREEDHARAN, S/O.RAMAN, AGED 65 YEARS, RESIDING AT T.C.7/1975, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, PRESIDENT OF PANGODE KAVIL, BHAGAVATHY TEMPLE TRUST, REG.NO.3768/07. 2. SURESH KUMAR, S/O.SADASIVA PANICKER, AGED 54, RESIDING AT T.C. 7/1667, VYSAKH, PANGODE WARD, SASTHAMANGALAM VILLAGE, THIRUVANANTHAPURAM DISTRICT, SECRETARY OF PANGODE KAVIL BHAGAVATHY TEMPLE TRUST, REG.NO.3768/07. BY ADV. MR.J.S.AJITHKUMAR RESPONDENT(S): ------------------------ 1. DHARMARAJAN, S/O.SANKARAN, AGED 66 YEARS, RESIDING AT PULIVILAKATTU VEEDU, KUZHIVILA KARIMANAL, ATTIPRA VILLAGE, THIRUVANANTHAPURAM DISTRICT (DEFACTO COMPLAINANT) IN CRIME NO. 389/07 OF POOJAPPURA POLICE STATION. 2. SUB INSPECTOR OF POLICE, POOJAPPURA POLICE STATION. 3. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 & R3 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. R1 BY ADV. SRI.G.S.REGHUNATH. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.4948 OF 2008 =========================== Dated this the 13th day of November,2009 ORDER Petitioners are accused in Crime No.389/2007 of Poojapura Police Station now pending as C.P.35/2008 on the file of Additional Chief Judicial Magistrate, Thiruvananthapuram taken cognizance for the offence under section 294(b), 341, 323 and 506 (i) read with section 34 of Indian Penal Code and Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. This petition is filed under section 482 of Code of Criminal Procedure to quash the proceedings contending that no proper investigation was conducted and first respondent was suspended from service on 11.11.2007 and therefore there is no scope for the incident on 12.12.2007 and the ingredients Crl.M.C.4948/2008 2 of the offences under the Scheduled Castes and Scheduled Tribes(Prevention of Atrocities) Act is not attracted and therefore the proceedings is to be quashed. 2. Learned counsel appearing for the petitioners and first respondent the defacto complainant and the learned Public Prosecutor were heard. 3. On hearing the learned counsel, I do not find that this court has to exercise the extra ordinary jurisdiction under section 482 of Code of Criminal Procedure, to quash Annexure A8 final report submitted by the police and taken cognizance by the Magistrate when petitioners are entitled to raise all the contentions raised herein and seek an order of discharge from the Sessions Court, once the case is committed to the Sessions Court as they are to be heard as provided under section 227 of Code of Criminal procedure. Learned counsel appearing for the petitioners then submitted that Crl.M.C.4948/2008 3 Additional Chief Judicial Magistrate may be directed to grant bail to the petitioners. Learned counsel also submitted that as the final report has already been submitted, it is not necessary to detain the petitioners and they will appear before the court without failure. It is for the petitioners to seek an order of bail from the learned Magistrate. I find no reason to believe that the Magistrate will not consider the fact that a final report has already been submitted and cognizance was taken and what is to be assured is only presence of the accused for the purpose of trial. Petition is disposed granting liberty to raise all the contentions and seek discharge under section 227 of Code of Criminal Procedure. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006