IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 Crl.MC.No. 1869 of 2011() ------------------------------- CC 51/2008 IN CC.509/2009 of JUDL.MAGISTRATE OF FIRST CLASS, VADAKARA .................... PETITIONER(S): IST ACCUSED ----------------------------------- BALAN, S/O.CHATHU, AGED 42 YEARS, CHEMBRAKUNI HOUSE, ERAMALA AMSOM DESOM. BY ADV. SRI.P.M.HABEEB RESPONDENT(S): -------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.242 OF 2003 OF EDACHERRY POLICE STATION). BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.1869/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A:COPY OF THE FINAL REPORT OF C.C. 342/2004. ANNEXURE B:COPY OF THE JUDGMENT C.C.342/2004 RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.1869 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is arrayed as accused in Crime No.242 of 2003 registered by the Edacherry Police for the offences punishable under Sections 341, 323 and 324 read with Section 34 of Indian Penal Code. The case is now pending as C.C.509 of 2009 on the file of the Judicial First Class Magistrate Court, Vadakara. 3. Due to non appearance of the petitioner, non bailable warrant was issued against the petitioner. Learned counsel for the petitioner states that the petitioner is now ready and willing to surrender before the trial court. If the petitioner surrenders on or before 29th of this month and applies for bail in the aforementioned case, Magistrate shall release him on bail on such terms and conditions he deems fit. 4. Learned counsel for the petitioner submits that there is a possibility of settlement between the parties. If the matter is settled between the parties, the defacto complainant shall appear before the Magistrate referred to above within one month from today and the learned Crl.M.C.No.1869 OF 2011 :: 2 :: Magistrate shall record the statement of the defacto complainant and if the learned Magistrate is satisfied that the matter has been settled between the parties, he shall close the case. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes