IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 Crl.MC.No. 3259 of 2010() ------------------------- CRIME NO.16/2010 OF KOTHAMANGALAM POLICE STATION PETITIONER(S): ------------------------ TOMY MATHEW, AGED 52 S/O.MATHAI, ARAMBANKUDIYIL HOUSE KEERAMBARA, KOTHAMANGALAM. BY ADV. SRI.C.P.UDAYABHANU RESPONDENT(S): --------------------------- 1. SOMAN KANDATHIL , AGED 40 S/O.LATE VARKEY, MANAGING DIRECTOR BORN BUILDERS, RESIDING AT KANDATHIL VEEDU DHESHEEYAMUKKU BHAGOM, THRIKKAKARA PO. 2. STATE OF KERALA, REPRESENTED BY BY THE S.I.OF POLICE, KOTHAMANGALAM POLICE STATION CRIME 16/2010, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. ADV. SRI.K.A.SALIL NARAYANAN FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3259 of 2010 = = = = = = = = = = = = = = Dated: 10.08.2010 ORDER Petitioner, who is the 1st accused in Crime No.16/2010 of Kothamangalam Police Station for offences punishable under Sections 143,147,148,324 and 308 read with 149 IPC and Section 3 (a) of Explosive Substances Act, seeks to quash Annexure 3(a) order passed by J.F.C.M, Kothamangalam refusing the application filed by the de facto complainant to forward Annexure 3 petition to the Investigating Officer and to terminate the proceedings after noticing that the de facto complainant has no subsisting grievance in the matter in view of the subsequent settlement of the dispute. Since some of the offences are not compoundable offences, it was not permissible for the Investigating Officer to discontinue the investigation or for the Magistrate to compound the offences. The matter is still in the crime stage. 2. It is true that the application filed by the petitioner for bail was rejected by this Court prior to the settlement of the dispute. But taking into account the subsequent settlement of the dispute, I am of the view that the petitioner should be permitted to Crl.M.C. No.3259/2010 2 surrender before the Magistrate and apply for regular bail. In case the petitioner surrender before the Magistrate and apply for regular bail within two weeks from today he shall be released on bail on appropriate conditions after noticing the fact that there has been subsequent settlement of the dispute between the de facto complainant and the petitioner. This Crl.M.C is disposed of reserving the above right of the petitioner. Dated this the 10th day of August, 2010. V. RAMKUMAR, JUDGE sj