IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 3070 of 2004(C) ------------------------------------- CC.136/2004 of CHIEF JUDITIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): ACCUSED -------------------------------------- VINODAN.N.P., S/O.KRISHNAN, AGED 34 YEARS, NELLIYULLA PARAMBATH HOUSE, THRIPPANGOTTUR AMSOM, VILAKOTTUR DESOM, THALASSERY TALUK, KANNUR DISTRICT. BY ADVS. SRI.R.SURENDRAN SMT.P.GOPIKA RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 01/08/2011 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3070/2004 APPENDIX PETITIONER'S ANNEXURES A1:- COPY OF THE JUDGMENT DTD. 29.10.2001 PASSED BY THE CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY IN CC. 151/1997. A2:- COPY OF THE DEPOSITION OF PW 1 IN CC. 151/1997 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, THALASSERY DTD. 22.10.2001. A3:- COPY OF THE DEPOSITION OF PW2 IN CC. 151/1997 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE , THALASSERY DT.D 22.10.2001. A4:- COPY OF THE DEPOSITION OF PW3 IN CC. 151/1997 ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE, THALASSERY DT. 22.10.2001. RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 3070 of 2004 - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the 9th accused in Crime No. 112 of 1996 of Kolavallur Police Station for offences punishable under Sections 143, 147, 448 and 435 r/w Section 149 IPC. I am not inclined to quash the complaint as laid. It is open to the petitioner to plead for a discharge on the ground that the co- accused have been acquitted. 3. Due to the non appearance of the petitioner, non bailable warrant of arrest has issued against the petitioner. If the petitioner surrenders on or before 17.08.2011 and applies for bail, he shall be released on bail on such terms and conditions the learned Magistrate deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv