IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 10TH AUGUST 2011 / 19TH SRAVANA 1933 Crl.MC.No. 2573 of 2011() ------------------------------------- CC.NO. 48/2009 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM CRIME NO.473/08 OF MEDICAL COLLEGE POLICE STATION .................... PETITIONER(S): A1 & A3 ------------------------------------- 1. SANAL KUMAR @ SANJU, (A1) S/O.RAMACHANDRAN NAIR, RAMACHANDRA VILASOM, ARKYAL, KOCHU ULLOOR, ULLOOR VILLAGE. 2. SANTHOSH KUMAR, (A3), S/O. SREEKUMAR, TC 7/1790, ARKYAL MURUKA VILASOM, NEAR KOCHU ULLOOR GRAMAM, ULLOOR VILLAGE. BY ADV. SRI.SHAJIN S.HAMEED RESPONDENT(S): STATE & CW1 ------------------------------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, MEDICAL COLLEGE POLICE STATION, REPRESENTED THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.31 2. RATHEESH, S/O. RAVEENDRAN, KATTACHAL PUTHUVEL PUTHEN VEEDU, NEAR KUTTACHAL KARINKALI THEKETHU, KUTTACHAL WARD, ULIYAVUTHURA VILLAGE, PIN-695 033. R1 BY PUBLIC PROSECUTOR SRI.B.VINOD R2 BY ADV. SRI.P.M.SANEER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/08/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2573/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE FINAL REPORT IN CRIME NO.473/08 OF MEDICAL COLLEGE POLICE STATION, NOW PENDING AS C.C.NO.48/09 ON THE FILE OF ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT, THIRUVANANTHAPURAM. ANNEX B COPY OF THE AFFIDAVIT SIGNED BY THE 2ND RESPONDENT. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. ------------------------------------------------- Crl. M.C No.2573 OF 2011 ------------------------------------------------- DATED THIS THE 10th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioners and the learned Public Prosecutor. 2. Petitioners are accused No.1 and 3 in Crime No.473/2008 of Medical College Police Station for offences punishable under Sections 294 (b), 341, 323, 324, 506 (ii), 34 of IPC read with Section 27 of Arms Act and now pending as CC No.48/2009 before the Additional Chief Judicial Magistrate's Court, Thiruvananthapuram. Learned counsel for the petitioners submit that the matter has been settled between the parties. If the defacto complainant make a statement before the learned Magistrate to that effect on or before 31-08-2011, the Magistrate, if satisfied that the matter has been settled between the parties, shall close the case. 3. Learned counsel for the petitioners also submit that due to non appearance of the petitioners, non bailable warrant of arrest have been issued against the petitioners and the petitioners apprehends arrest and they are ready and willing to Crl M.C No.2573/2011 -2- surrender before the trial court. If the petitioners surrender on or before 31-08-2011 and applies for bail, the learned Magistrate may release them on bail on such terms and conditions which he deems fit. Crl.M.C is disposed of as above. Sd/- B.P. RAY, JUDGE. AMG True copy P.A to Judge