IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 8TH AUGUST 2011 / 17TH SRAVANA 1933 Crl.MC.No. 4206 of 2005() ------------------------- CC.375/2003 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- HARIDASAN @ HARI, S/O.RAGHAVAN NAIR, MANOLI VEEDU, NADUVATTOM, MAHE. BY ADV. SRI.BABU S. NAIR RESPONDENT(S): STATE -------------------- THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, BEYPORE POLICE STATION-THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. BY PUBLIC PROSECUTOR SRI.B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 08/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl. M.C No.4206/2005 -2- APPENDIX PETITIONER'S ANNEXURE ANNEXURE - I : TRUE COPY OF THE JUDGMENT IN CC No.470/1998 OF THE JFCM-V, KOZHIKODE DATED 27-05-2004. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE AMG B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 4206 OF 2005 ------------------------------------------------- DATED THIS THE 8th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. Petitioner is the 2nd accused in Crime No.124/1998 registered by Beypore Police for offences punishable under Sections 341, 353, 506 (1) read with Section 34 of IPC now pending as C.C No.375/2003 before the Judicial First Class Magistrate Court-V, Kozhikode. I am not inclined to interfere with the impugned order. However, it is open to the petitioner to file discharge application. Learned counsel for the petitioner submits that co-accused has been acquitted by judgment dated 27-05- 2003 in CC No.470/1998. The learned counsel for the petitioner states that the petitioner apprehends arrest and now he is ready and willing to surrender before the trial court. If the petitioner surrenders on or before 20-09-2011, the learned Magistrate Crl. M.C No.4206/2005 -2- shall release him on bail on such terms and conditions he deems fit. If the petitioner files an application for discharge within two months from today the Magistrate shall pass a reasoned order at an early date. Crl.M.C is allowed. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge