IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 2ND NOVEMBER 2011 / 11TH KARTHIKA 1933 Crl.MC.No. 3528 of 2011() ------------------------------ CRIME NO.327/10 THODUPUZHA POLICE STATION ..... PETITIONER(S):ACCUSED ------------------------------ T.J.JOSEPH, S/O. JOSEPH, LECTURER SELECTION GRADE(UNDER ORDER OF DISMISSAL), NEWMAN COLLEGE, THODUPUZHA, THENGANAKUNNEL HOUSE, NEAR JEEVA JYOTHI JUNCTION, MUVATTUPUZHA-686 661. BY ADVS. SRI.BABY KURIAKOSE SRI.P.VIJAYAKUMAR SRI.C.R.REGHUNATHAN SRI.M.V.ASHIM SRI.B.HARRYLAL RESPONDENT(S):COMPLAINANT ------------------------------------- 1. SUB INSPECTOR OF POLICE, THODUPUZHA, PIN-685 584. 2. THE DEPUTY SUPERINTENDENT OF POLICE, THODUPUZHA, PIN-685 584. 3. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN-682 031. BY PUBLIC PROSECUTOR SMT. HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC. NO. 3528/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE 1:COPY OF QUESTION PAPER FOR II INTERNAL EXAMINATION HELD ON 23/03/2010 FOR II SEMESTER B.COM AT NEWMAN COLLEGE THODUPUZHA. ANNEXURE 2:COPY OF THE FIR IN CRIME NO.327/2010 OF THODUPUZHA POLICE STATION. ANNEXURE 3:COPY OF PUBLISHED MATERIAL AUTHORED BY THE PETITIONER FOR CIRCULATION AMONG STUDENTS. ANNEXURE 4:COPY OF PUBLISHED MATERIAL AUTHORED BY THE PETITIONER FOR CIRCULATION AMONG STUDENTS. ANNEXURE 5:COPY OF PUBLISHED MATERIAL AUTHORED BY THE PETITIONER FOR CIRCULATION AMONG STUDENTS. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.3528 of 2011 ----------------------------------- Dated this the 2nd day of November 2011 O R D E R Learned Public Prosecutor submits that respondents are actually intending to file charge sheet and that final report has already been prepared. But it is only to be filed before the jurisdictional Magistrate. The learned counsel for the petitioner submits that personal attendance of the accused may not be insisted since there is a serious threat to his life. But he has to appear before the learned Magistrate, take bail and can thereafter apply for exemption under Sec.205 Cr.P.C. The plea raised by the accused will certainly be considered by the learned Magistrate taking into account all the aspects of the matter. Learned counsel for the petitioner submits that the charges against the accused cannot be sustained. Petitioner can file application for discharge before the learned Magistrate. Crl.M.C. No.3528 of 2011 -: 2 :- That application will also be considered and disposed of by the learned Magistrate in accordance with law. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt