IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 12TH DECEMBER 2011 / 21ST AGRAHAYANA 1933 Crl.Rev.Pet.No. 1739 of 2011() ------------------------------ CRA.487/2009 of ADDL.SESSIONS COURT (ADHOC), KOTTAYAM CC.201/2007 of JUDL. MAGISTRATE OF FIRST CLASS-I, VAIKOM .................... REVN. PETITIONER(S): APPELLANT/ACCUSED -------------------------------------- 1. SUNIL, S/O.CHELLAPPAN, AGED 34, THANNIPPELLIYIL HOUSE, IRUMBAYAM KARA, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. 2. ANCE, S/O.SEETHI, AGED 27, PLANTHADATHIL, IRUMBAYAM KARA, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. 3. RAJEESH, S/O.KUTTAN, AGED 29, AREEKKATTIL, IRUMBAYAM KARA, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. 4. RAJESH, S/O.RAJENDRAN, AGED 31, PLANTHADATHIL, IRUMBAYAM KARA, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. 5. ANCIR, S/O.SEETHI, AGED 25, PLANTHADATHIL, IRUMBAYAM KARA, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. 6. ANILKUMAR, S/O.APPUKKUTTAN, AGED 24, CHATHYATTIL, IRUMBAYAM KARA, VELLOOR VILLAGE, VAIKOM TALUK, KOTTAYAM DISTRICT. BY ADV. SRI.C.M.NAZAR RESPONDENT(S): RESPONDENTS/COMPLAINANT -------------------------------------- (1) STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. ADV. SRI.MANSOOR.B.H. FOR R2 Crl.Rev.Pet.No. 1739 of 2011() 2 * (2) ADDL. 2ND RESPONDENT JOSHI S/O.CHACKO, AGED 30, VETRTUKALLUNKAL IRUMPANAM P.O., VELLOOR, VAIKOM, KOTTAYAM DISTRICT PIN 686605 IS IMPLEADED AS ADDL. 2ND RESPONDENT AS PER ORDER DATED 29.7.2011 IN CRL.M.A.NO.6632/2011 PUBLIC PROSECUTOR SRI.T.R.RAJESH THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- Crl.R.P.No.1739 of 2011 ----------------------------------------- Dated this the 12th day of December, 2011 O R D E R Read the order dated 24.10.2011, by which the application moved by the petitioners jointly with the defacto complainant/victim seeking composition of the offences with which the petitioners stand convicted (Crl.M.A.No.8619/2011), was sent to the magistrate for conducting an enquiry regarding the identity of the parties and also whether the request for composition has been made volunatrily. The magistrate after conducting such enquiry has sent a report. In the enquiry, the defacto complainant/victim was examined and he affirmed before the magistrate that the request for composition has been made voluntarily and that he has no more grievance against the petitioners/accused. Considering the request made for composition jointly by the parties and in the light of the report of the magistrate as referred to above, compounding of the offences, with which the accused are convicted, is allowed. The petitioners/accused in view of the acceptance of the Crl.R.P.No.1739 of 2011 2 composition shall stand acquitted of the offence under Sub Section (8) of Section 320 of the Code of Criminal Procedure. The revision is disposed of accordingly. (S.S.SATHEESACHANDRAN) JUDGE pm