IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 7TH FEBRUARY 2008 / 18TH MAGHA 1929 Crl.MC.No. 532 of 2008() ------------------------ PETITIONER: PETITIONERS 1-4/ACCUSED 1-4 --------------------------------------- 1. JAYAN, S/O. VELAPPAN, THOTTEPARAMBIL HOUSE, NAYANANGADI, CHALAKKUDY. 2. JAYESH, S/O. CHANDRAN, PANANGADEN HOUSE, PARIYARAM, TRICHUR. 3. RAJEEV, S/O. RAJAN, THARAYIL HOUSE, VETTILAPPARA, CHALAKKUDY. 4. BABU, S/O. VELU, MUNDELI HOUSE, VETTILAPPARA, CHALAKKUDY. BY ADV. SRI.C.HARIKUMAR RESPONDENTS: STATE ------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 532 of 2008 * * * * * * * * * * * * * * * * * * Dated: 07-02-2008 ORDER Petitioners who are the accused in Crime No. 430 of 2007 of Chalakkudy Police Station for offences punishable under Sections 324, 308, 506(i) read with Sec. 34 of I.P.C. which was pending before the J.F.C.M. Chalakkudy as C.P. No. 229 of 2008 and which stands committed to the court of Sessions, Thrissur , seek to quash Annexure A1 final report. 2. Going by the averments in the final report, prima facie it cannot be held that the offence punishable under Sec. 308 is not made out. But, it is only in the realm of allegation and the prosecution will succeed only if the said allegation has been proved by acceptable evidence. I am, therefore, not inclined to quash the final report. The petitioners can effectively plead for a discharge before the Sessions Court, when the case comes up for preliminary hearing under Sec. 227 Cr.P.C. Reserving this right, this Crl.M.C. is disposed of. V. RAMKUMAR, (JUDGE) ani.