IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY THURSDAY, THE 14TH JULY 2011 / 23RD ASHADHA 1933 Crl.MC.No. 2119 of 2011() ------------------------------------ CC.219/2010 OF CHIEF JUDICIAL MAGISTRATE COURT, ERNAKULAM. .................... PETITIONERS/ACCUSED ----------------------------------- 1. MIDHUN, AGED 22 YEARS, SREEVALSAM, B.T.S. ROAD, EDAPPALLY P.O., ERNAKULAM DISTRICT. 2. VISAKH, AGED 21 YEARS, S/O. MURALI, MAPALA HOUSE, MOOLANKUZHI, THOPPUMPADY. 3. ASHBIN, AGED 21 YEARS, S/O. JOY, KALARICKAL HOUSE, VACHAKKAL, EDAVANAKKAD. BY ADV. SRI.S.RAJEEV, SRI.A.C.THOMAS (PONKUNNAM). RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.2949/2010 OF CENTRAL POLICE STATION, ERNAKULAM DISTRICT). 2. K. PICHAMANI @ MANI, AGED 28 YEARS, S/O. P. KUMARASWAMY, SANDROR MIDDLE STREET, CHINDAMANI VILLAGE, PULIYAKUZHI P.O., NELLY DISTRICT, TAMIL NADU, 630 561. 3. K. KARUPPASWAMY, AGED 20 YEARS, S/O.A. KAILASAM, KAYAMKULAM VILLAGE, MUTHARASSAN P.O., MANGUDI VILLAGE, SIVAGANGA DISTRICT, TAMIL NADU-630 559. R1 BY PUBLIC PROSECUTOR MR.B. VINOD. R2 & R3 BY ADV. SRI.VINOD KUMAR.C. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 2119 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I: COPY OF THE FINAL REPORT IN CRIME NO.2949/2010 OF CENTRAL POLICE STATION. ANNEXURE-II: COPY OF THE AFFIDAVIT FILED BY DEFACTO COMPLAINANT IN CRIME NO.2949/2010 OF CENTRAL POLICE STATION. ANNEXURE-III: COPY OF THE AFFIDAVIT FILED BY THE CW2. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2119 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioners are arrayed as accused in Crime No.2949/2010 of Central Police Station registered for the offences punishable under Sections 452, 341, 323 and 427 read with Section 34 of Indian Penal Code. The case is now pending as C.C.No.219/2010 on the file of the Chief Judicial Magistrate Court, Ernakulam. Learned counsel for the petitioners submits that the matter has been settled out of court. If that be so, the parties shall appear before the concerned Magistrate within one month from today and the learned Magistrate shall record the statement of the petitioners and if he is satisfied that the matter has been settled between the parties, the Magistrate shall close the cases. Learned counsel for the petitioners submits that the petitioners personal appearance may not be insisted upon since they are students. If the petitioners make an application under Section 205 Cr.P.C. for dispensing their personal appearance within three weeks from today, the trial court shall do well to dispense with their personal appearance on such terms and conditions as the learned Magistrate deems fit. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes