IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 Crl.MC.No. 2917 of 2008() ------------------------- CRIME NO. 11/07 OF VELLARIKUNDU POLICE STATION .................... PETITIONER/ACCUSED: --------------------------------- SHIJU JOSE, S/O. JOSE KUNNATHU HOUSE, MALOTH VILLAGE PUNNAKKUNNU, HOSDURG TALUK KASARGOD DIST. BY ADV. SRI.T.MADHU RESPONDENT/STATE: ---------------------------- THE STATION HOUSE OFFICER, VELLARIKUNDU POLICE STATION REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 2917 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of July, 2008 O R D E R The petitioner is the first accused in a prosecution for offences punishable, inter alia, under Section 307 r/w. 149 I.P.C. and Section 3(1)(x) of SC/ST (Prevention of Atrocities) Act. Investigation is not complete and final report has not been filed, submits the counsel. Accused 2 to 5 have come before this Court with Crl.M.C.No.2375 of 2008 and as per order dt. 24.6.2008 their application was dismissed, but subject to specific observations. The learned counsel for the petitioner prays that identical directions may be issued in so far as the petitioner, a co- accused, is also concerned. 2. I find the request to be absolutely justified. It is not necessary in each case to give separate direction. However I am satisfied that this petition can be dismissed with observations. 3. This Crl.M.C. is dismissed. It is made clear that the learned Magistrate shall extend the benefits of the order Crl.M.C.No. 2917 of 2008 2 dt.24.6.2008 in Crl.M.C. 2375 of 2008 to the petitioner also, if he surrenders before the learned Magistrate and seeks bail after giving sufficient prior notice to the Prosecutor in charge of the case. In such event the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously. 4. Hand over the order. (R. BASANT) Judge tm