IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Crl.MC.No. 2247 of 2011() ------------------------ CC. NO. 94/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-II, CHERTHALA ......................... PETITIONERS / ACCUSED : --------------------------------------- 1. CHANDRABABU @ BABU, S/O. KESAVAN, MALIYEKKAL HOUSE, THYCATTUSSERRY P.O., CHERTHALA, ALAPPUZHA DISTRICT. 2. ANEESH, S/O. GOVINDAN, MADATHIVELI, THYCATTUSSERRY P.O., CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.RAMANATHAN RESPONDENT : ---------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SRI. M.R. VENUGOPAL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 2247 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A1 : COPY OF THE COMPLAINT FILED BY THE DEFACTO COMPLAINANT BEFORE THE CIRCLE INSPECTOR OF POLICE, CHERTHALA DATED 22.09.2010. ANNEXURE A2 : COPY OF THE FIR IN CRIME NO. 464/2010 OF POOCHAKKAL POLICE STATION. ANNEXURE A3 : COPY OF THE FINAL REPORT IN C.C. 94/2010 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE'S COURT-II, CHERTHALA. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2247 of 2011 - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2011. O R D E R Heard the learned counsel for the petitioners and the learned Public Prosecutor. 2. The learned counsel for the petitioners seeks permission to withdraw this case to file appropriate application for discharge. The main contention of the petitioner is that Section 188 IPC is not attracted as no complaint has been filed by the public servant in this case. It is open to the petitioners to file such application on or before 08.08.2011. If the petitioners surrender and apply for bail on or before 08.08.2011, the learned Magistrate shall release them on bail on such terms and conditions the Magistrate deems fit. It is for the petitioners to file an application for discharge. If such an application is filed, the learned Magistrate shall consider and dispose of the same within two months from the date of filing such application. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv