IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Crl.MC.No. 1904 of 2009() ------------------------------------- CC.NO. 500/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA .................... PETITIONER(S)/ ACCUSED 1 TO 9 ------------------------------------------------- 1. GEORGE P. ANTONY, S/O. VARGHESE, AGED 61 MARANGATT HOUSE, NEAR ST. JOSEPH'S CHURCH, LAIKKAD KARA, PAIPPAD VILLAGE, CHANGANACHERRY TALUK, KOTTAYAM DIST. 2. RAJU MATHAI, S/O. OUSEPH MATHAI, AGED 36, MUPPATHIN CHERAYIL HOUSE, BEHIND ST. ANTONY'S CATHOLIC CHURCH -DO. 3. BIJU JOHN, S/O. PHILIPOSE, AGED 35, MARANGATT HOUSE -DO. 4. KUNJUMON, S/O. THANKACHAN AUGUSTINE, AGED 39, DO... 5. RAJU P. ANTONY, S/O. VARGHESE ANTONY, AGED 53, DO.. 6. JOSEPH, S/O. PATHROSE, AGED 43, THAIPARAMBIL HOUSE, DO.... 7. MARYKUTTY GEORGE, AGED 81, W/O. VARGHESE, GEORGE, MARANGATT HOUSE, PERUNNA KARA, PAIPPAD VILLAGE DO. 8. PENNAMMA, AGED 71, D/O. ULAHANNAN, MARANGATT HOUSE, PERUNNA KARA, PAIPPAD VILLAGE DO... 9. THANKAMMA, AGED 63, W/O. THANKACHAN, PLAMOOTTIL HOUSE DO. BY ADV. SRI.VARGHESE C.KURIAKOSE 2/- -2- CRMC.NO.1904/2009 RESPONDENT(S)/ DEFACTO COMPLAINANT/STATE ------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KALAMASSERY. 3. E.A. JAYAKUMAR, AGED 44, S/O. AYYAPPAN NAIR, 50/114 C, VISHNU VIHAR, HOUSING PLOT NO. 209,PONEVAZHI ROAD, PONEKKARA KARA, EDAPPALLY NORTH VILLAGE, KANAYANNUR TALUK. R1 & R2 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA R3 BY ADV. SRI.R.DIVAKARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1904/2009 APPENDIX PETITIONER'S ANNEXURES: ANNEX 1: COPY OF THE FINAL REPORT IN CRIME NO.426/2004 ON THE FILES OF KALAMASSERY POLICE STATION (NOW TAKEN COGNIZANCE AS C.C.NO.500/2007 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA. ANNEX II: COPY OF THE I.A.NO.8912/2004 IN O.S.NO.1213/2004 BEFORE THE IIIRD ADDL.MUNSIFF'S AND RENT CONTROL COURT, ERNAKULAM. ANNEX III: COPY OF THE C.C.NO.154/2005 ON THE FILES OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, ALUVA. ANNEX IV: COPY OF THE AWARD OF THE LOK ADALAT DATED 24/11/2006. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1904 of 2009 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R Heard the learned counsel for the petitioners. 2. The petitioners are accused Nos. 1 to 9 in Crime No. 426 of 2004 of Kalamassery Police Station and now pending as C.C. No. 500 of 2007 on the file of the Judicial First Class Magistrate-I, Aluva for offences punishable under Sections 143, 147, 148, 427, 341, 324 and 448 r/w Section 149 I.P.C. The learned counsel for the petitioners states that with the intervention of Lok Adalath, the matter has been amicably settled and the accused persons have purchased the disputed property from the de facto complainant and the Lok Adalath has passed an award to the effect that the parties have settled the dispute between themselves. Let the petitioners file appropriate application seeking discharge before the trial court. In the mean time, due to the non appearance of the petitioners, non bailable warrant of arrest has been issued. Therefore, I direct the petitioners to surrender before the trial court on or before 25.07.2011. If the petitioners surrender before the trial court Crl.M.C. No. 1904/2009 -:2:- and apply for bail, the learned Magistrate shall release them on bail on such terms and conditions which he deems fit. If an application for discharge is filed before the learned Magistrate, the same shall be disposed of in accordance with law. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv