IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 Crl.MC.No. 3236 of 2011() ------------------------- CC.361/2005 of JUDL.MAGISTRATE OF FIRST CLASS-I, ERNAKULAM .................... PETITIONER(S)/ACCUSED :- ----------------------------------------- PAULY, S/O.A.P.KURIAN, AYYAMPILLIL VEEDU, U.C.COLLEGE KARA, ALUVA. BY ADV. SRI.T.A.SHAJI RESPONDENT(S)/COMPLAINANT & DEFACTO COMPLAINANT :- -------------------------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031, (REPRESENTING THE SI OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION). 2. R.RAVINDRAN NAIR, PROPRIETOR, ARAVIND INDUSTRIES, ST.VINCENT CROSS ROAD, ERNAKULAM NORTH, COCHIN-682 018. REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, K.MADHUSOOTHANAN. PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: jvt Crl.MC.No. 3236 of 2011 APPENDIX PETITIONER(S) EXHIBITS :- ANNEXURE A: TRUE COPY OF THE FINAL REPORT/CHARGE SHEET CRIME NO.398/2004 OF ERNAKULAM TOWN NORTH POLICE STATION. ANNEXURE B: TRUE COPY OF THE PETITION FOR DISCHARGE DATED 30-8-2006. ANNEXURE C: TRUE COPY OF THE PROCEEDINGS SHEET IN CC 361/05. ANNEXURE D: TRUE COPY OF THE MEDICAL CERTIFICATE DATED 17-5-2011. RESPONDENTS' EXHIBITS :- NIL //TRUE COPY// P.A. TO JUDGE N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3236 of 2011 ----------------------------------- Dated this the 6th day of December 2011 O R D E R It is not disputed by the learned Public Prosecutor also that the petitioner is practically bed ridden and that he cannot be even moved without the help of others. The condition remains to be so for the last so many months. It is also not in dispute that there is no possibility of the petitioner recovering from this illness. It is submitted by the learned counsel for the petitioner that going by the charge sheet laid by the police itself also no criminal offence is made out and as such it is a fit case where further proceedings can be quashed. However, instead of ordering quashment of the charge, the following directions are issued :- (i)Petitioner's counsel is directed to file application for an order of discharge on behalf of the accused before Crl.M.C. No.3236 of 2011 -: 2 :- J.F.C.M.-I, Ernakulam. If such a petition has already been filed, the learned Magistrate will dispose of that petition in the absence of the accused because of the reasons mentioned earlier. In other words, the presence of the accused need not be insisted for disposing of that application. (ii)Coercive steps taken against the accused will stand recalled. This Crl.M.C. is disposed of accordingly. N.K.BALAKRISHNAN, JUDGE. Jvt