IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 12TH AUGUST 2011 / 21ST SRAVANA 1933 Crl.MC.No. 2630 of 2011() -------------------------------------- CC.NO. 132/2010 of JUDL. MAGISTRATE OF FIRST CLASS COURT-I, TRIVANDRUM CRIME NO.451/07 OF SREEKARYAM POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER(S): A1 ----------------------------- SANTHOSH, S/O. SREEKUMAR NAIR, SREE MURUKA NIVAS, NEAR KOCHULLOR, SREE BALASUBHRAMANNIASWAMI TEMPLE, ULLOOR VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE & CW1 ------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, SREEKARYAM POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SHAJAHAN, AGED 45, S/O. ABOOBACKER KUNJU, SHAHAS MANZIL, HOUSE NO.3, VIDHYA GARDEN, PLAVILA CHENTHY, EDAVAKODU WARD, ULLOOR VILLAGE,THIRUVANANTHAPURAM DISTRICT-695 033. R1 BY PUBLIC PROSECUTOR SRI.B.JAYASURYA R2 BY ADV. SRI.P.M.SANEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2630/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE FINAL REPORT IN CRIME NO.451/07 OF SREEKARYAM POLICE STATION, NOW PENDING AS C.C.NO.132/2010 ON THE FILE OF JUDICIAL 1ST CLASS MAGISTRATE COURT-1, THIRUVANANTHAPURAM. ANNEX B COPY OF THE JUDGMENT DATED 30/06/10 IN C.C.NO.235/08 OF JUDICIAL 1ST CLASS MAGISTRATE COURT-1, THIRUVANANTHAPURAM. ANNEX C COPY OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 2630 OF 2011 ------------------------------------------------- DATED THIS THE 12th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is an accused in Crime No.451/2007 of Sreekaryom Police Station for offences punishable under Sections 452, 341, 323, 324, 427 & 34 of IPC read with Section 27 of Arms Act and now pending as CC No.132/2011 before the Judicial First Class Magistrate's Court-I, Thiruvananthapuram. Learned counsel for the petitioner submit that the matter has been settled between the parties. If the defacto complainant make a statement before the learned Magistrate to that effect on or before 31-08-2011, the Magistrate, if satisfied that the matter has been settled between the parties, shall close the case. 3. Learned counsel for the petitioner also submits that due to the non appearance of the petitioner, non bailable warrant of arrest has been issued against the petitioner and the petitioner apprehends arrest and he is ready and willing to surrender before the trial court. If the petitioner surrenders on or before Crl M.C No.2630/2011 -2- 31-08-2011 and applies for bail, the learned Magistrate may release him on bail on such terms and conditions which he deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge