IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 Crl.MC.No. 301 of 2011() ---------------------------- C.C.NO. 1263/2006 of JUDICIAL FIRST CLASS MAGISTRATE, MALAPPURAM. PETITIONERS/ACCUSED:- ----------------------------- 1. NANNATT ABDUL HAMEED, S/O.ABDULU, NANNATT HOUSE, P.O.OMACHAPUZHA, MALAPPURAM DISTRICT, KERALA, INDIA. 2. IQBAL, S/O.MARAKKAR HAJI, KOZHIKKAL HOUSE, EDARIKKODE, PUTHUPARAMBA, MALAPPURAM DISTRICT, KERALA. BY ADV. SRI.NIRMAL. S RESPONDENTS/COMPLAINANT & STATE:- ---------------------------------------------- 1. ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, KOTTAKKAL, PIN-676 503. 2. STATE REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI. B. VINDO, PUBLIC PROSECUTOR SRI. ASOK M.CHERIYAN, SC, KSEB FOR R1 SRI.PULIKOOL ABUBACKER, SC, KSEB FOR R THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 17/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO. 301/2011 APPENDIX PETITIONERS' ANNEXURES: ANNEXURE A1 : TRUE COPY OF THE FIR IN CRIME NO. 323/2006 DATED 05.09.06. ANNEXURE A2 : TRUE COPY OF THE FINAL REPORT/CHARGE SHEET DATED 31.10.06. ANNEXURE A3 : TRUE COPY OF THE ORDER DATED 31.07.08. ANNEXURE A4 & A4(a) : TRUE COPY OF THE BILL DATED 02.09.2006 AND THE RECEIPT. RESPONDENTS' ANNEXURES: NIL //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 301 of 2011 - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The petitioners are the accused in Crime No. 323 of 2006 of Kottakkal Police Station for offences punishable under Sections 135, 137, 138 and 139 of the Electricity Act r/w Section 34 IPC and now pending as C.C. No. 1263 of 2006 before the Judicial First Class Magistrate, Malappuram. I am not inclined to quash the charge at this stage. It is open to the petitioners to plead for a discharge before the trial court. It is stated that due to the non appearance of the petitioners non bailable warrant of arrest has been issued against them. If the petitioners surrender before the trial court on or before 05.09.2011 and apply for bail, they 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