IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 Crl.MC.No. 1944 of 2009() ------------------------- CRIME NO.134 OF 2006 OF JUDICIAL FIRST CLASS MAGISTRATE COURT III, THIRUVANANTHAPURAM. .................... PETITIONER: ------------------ B. RAVEENDRAN, AGED 58 YEARS, S/O. N.BHASKARAN, RESIDING AT CF 6-301, P.T. CHACKO NAGAR, MEDICAL COLLEGE, THIRUVANANTHAPURAM -1. BY ADVS. SRI.K.RAMAKUMAR, SENIOR ADVOCATE SRI.T.RAMPRASAD UNNI SRI.MANU TOM RESPONDENTS/STATE AND COMPLAINANT ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSEUCTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. MR. SIRAJ.A, PLOT NO.34, MEPPALLY GARDENS, PALKULANGARA, PETTA, THIRUVANANTHAPURAM. 3. THE CIRCLE INSPECTOR, KAZHAKKOOTTAM. R2 BY ADVS. SRI.RAJU JOSEPH, SENIOR ADVOCATE SRI.K.M.VARGHESE SRI.C.N.MIDHUN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 26/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 1944 of 2009 ---------------------------------- APPENDIX --------------- PETITIONER'S ANNEXURES ------------------------------------------ ANNEXURE A. COPY OF THE LAWYER'S NOTICE DATED 7.3.2006 RECEIVED BY THE PETITIONER. ANNEXURE B. COPY OF THE COMPLAINT SUBMITTED BY R2 BEFOR R3 DATED 18.3.2006. ANNEXURE C. COPY OF THE FIR 134 OF 2006 DATED 25.3.2006 REGISTERED BY THE KAZHAKKOTTAM POLICE STATION. ANNEXURE D. COPY OF THE STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE DY. INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM, DTD. 20.4.2006. ANNEXURE. E. COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE CIRCLE INSPECTOR OF POLICE, MEDICAL COLLGE POLICE STATION. ANNEXURE F. COPY OF THE F.I.R REPORT DTD. 24.5.2006 IN W.P.(C) NO.11701 OF 2006. ANNEXURE G. COPY OF THE COMMUNICATION DATED 5.11.2007 RECEIVED BY THE PETITINER FROM KERALA FINANCIAL CORPORATION. RESPONDENT'S EXHIBITS : NIL --------------------------------------- / TRUE COPY / P.A. TO JUDGE VK B.P.RAY, J. ----------------------------------- Crl.M.C.No.1944 OF 2009 ------------------------------------ Dated this the 26th day of July, 2011 O R D E R Heard learned counsel for the petitioner, learned counsel for the defacto complainant and the learned Public Prosecutor The petitioner challenges the final report submitted by the Sub Inspector of Police in Crime No.134/06 now pending in the court of the Judicial Magistrate of the First Class -III, Thiruvananthapuram as C.C.606/06. I am not inclined to quash the charge at this stage. If the petitioner surrenders and files an application for bail on or before 10.8.2011, the learned Magistrate shall release him on bail on such terms and conditions as he deems fit, unless the petitioner is on bail. The case is of the year 2006. The petitioner is permitted to raise all relevant grounds, including that no criminal offence is made out as it is a pure case of civil nature. If the petitioner files an application to dispense with his personal appearance under Section 205 Cr.PC, the learned magistrate shall dispense with his personal appearance on such terms and Crl.MC.1944/09 2 conditions as he deems fit. Learned Magistrate will expedite the trial of the case and conclude it within six months from the date of receipt of a copy of this order and report compliance to this Court. Crl.M.C. is disposed of as above. Sd/- B.P.Ray, Judge. kkb.26/7.