IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 Crl.MC.No. 4200 of 2011() ------------------------- MP.2072/2011 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S): IST ACCUSED -------------------------- RAJESH A., AMMASAM VEETTIL MUKKATTAYIL, ANDATHODU P.O., THRISSUR DISTRICT, PIN-679564. BY ADV. SMT.R.SUDHA RESPONDENT(S): STATE AND COMPLAINANT ------------------------------------ 1. THE DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM, PIN-695001. 2. THE SUB-INSPECTOR OF POLICE, VADAKKEKADU POLICE STATION, PUNNAYOORKULAM, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. 3. SABU, S/O.DEVASSY, AKKARA VEETTIL, LOORDHPURAM ROAD, KIZHAKKEKOTTA, THRISSUR, PIN-680001. R1 & R2 BY PUBLIC PROSECUTOR SMT.JASMINE THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 14/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4200 of 2011() APPENDIX PETITIONERS ANNEXURES: ANNEXURE A1 TRUE COPY OF THE COMPLAINT FILED BY THE PETITIONER'S MOTHER DATED 16/9/2009 BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, CHAVAKKADU. ANNEXURE A2 TRUE COPY OF THE REFER REPORT FILED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM DATED 4/6/2010. ANNEXURE A3 TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM IN MP.2198/2010. ANNEXURE A4 TRUE COPY OF THE COMMUNICATION ISSUED TO THE PETITIONER BY THE 2ND RESPONDENT DATED 31/1/2011. ANNEXURE A5 TRUE COPY OF THE STATEMENT FILED BY 3RD RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM. ANNEXURE A6 TRUE COPY OF THE STATEMENT GIVEN BY THE 2ND RESPONDENT BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM. ANNEXURE A7 TRUE COPY OF THE ORDER PASSED BY THE JUDICIAL FIRST CLASS MAGISTRATE COURT, KUNNAMKULAM IN M.P.2072/2011. ANNEXURE A8 TRUE COPY OF THE CHARGE SHEET IN THE CASE FILED BY ONE K.I.JAMES IN CRIME NO.518/2008 OF THE KUNNAMKULAM POLICE STATION. ANNEXURE A9 TRUE COPY OF THE REPRESENTATION DATED 6/7/2011 FILED BY PETITIONER BEFORE THE IST RESPONDENT. RESPONDENTS ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4200 OF 2011 ------------------------------------------ Dated this the 14th day of December, 2011 O R D E R This petition is filed by the 2nd accused in Crime No.119/2009 of Vadakkekadu Police Station. An application was filed by him before the Judicial First Class Magistrate Court, Kunnamkulam to cancel the bail granted to the 3rd accused in that case. Annexure A7 is the order passed by the learned Magistrate. It was pointed out that the final report was filed in that case and the case was taken on file as C.C. No.480/2011. Hence that petition was dismissed. 2. It is important to note that this petition is not filed by the defacto complainant therein, pointing out any threat or intimidation at the hands of A3 nor was there a case for the complainant that the evidence was attempted to be tampered with by the 3rd accused. Therefore the request to cancel the bail of another accused at the instance of the Crl. M.C. No: 4200 OF 2011 ( ) -2- petitioner who himself is an accused in that case was rightly turned down by the learned Magistrate. 3. The other prayer in the petition is to direct the 1st respondent to conduct an investigation regarding the entire offence set out in Annexure A9 representation. If the petitioner has got a separate claim or separate grievance against any person, that is a matter to be independently or separately put forward to be worked out in accordance with law. 4. Since it is stated that the final report was already filed and the case was taken cognizance as C.C. No.480/2011, if any of the accused is having any grievance against the same, he has to move the Court below for appropriate reliefs. As mentioned above, if the petitioner has any grievance against the charge sheet already filed or with regard any other incident, it is for the petitioner to move the learned Magistrate for appropriate reliefs. Crl. M.C. No: 4200 OF 2011 ( ) -3- I find no merit in this petition. It is hence dismissed, but with the observations as mentioned above. N.K. BALAKRISHNAN, JUDGE jjj