IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 Crl.MC.No. 3493 of 2010() ------------------------- (CRIME NO.656/2009 OF KAYAMKULAM POLICE STATION) CP.32/2010 of JUDL.MAGISTRATE OF FIRST CLASS, KAYAMKULAM .................... PETITIONER(S): 2ND ACCUSED -------------------------- SURESH, S/O. CHELLAPPAN ACHARI, SANTHA BHAVANAM, (CHAKKARA KIZHAKKATHIL), EREZHA VADAKKUM MURI, KANNAMANGALAM VILLAGE. BY ADV. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) RESPONDENTS: COMPLAINANT -------------------------- 1. SUB INSPECTOR OF POLICE, KAYAMKULAM, ALAPPUZHA DISTRICT. 2. LAJI JOHN, NILECKAL HOUSE, ERAZHA SOUTH, KANNAMANGALAM.P.O. MAVELIKARA-688510. 3. THE SUPERINTENDENT OF POLICE, ALAPPUZHA DISTRICT. 4. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3493 of 2010 ---------------------------------------- Dated this the 19th day of August, 2010 ORDER The petitioner who was the second accused in Crime No.656 of 2009 of Kayamkulam Police Station for offences punishable under Sections 341, 324 & 308 read with Section 34 I.P.C. and now pending before the Judicial Magistrate of the First Class, Kayamkulam as C.P.No.32/2010 seeks to quash the proceedings. 2. It is too early to come to a conclusion that the case of the prosecution is false and that the proceedings are liable to be quashed. I am therefore inclined to permit the petitioner to surrender before the Magistrate and apply for regular bail. If the petitioner surrenders before the Magistrate and files application for regular bail within two weeks from today the same shall be considered and disposed preferably on the same day on which it is filed. Reserving the above right of the petitioner this Criminal M.C. is disposed of. V.RAMKUMAR, JUDGE skj