IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 4TH JANUARY 2008 / 14TH POUSHA 1929 Crl.MC.No. 55 of 2008() ----------------------- CC.32/2007 of CHIEF JUDL.MAGISTRATE, ERNAKULAM .................... PETITIONER: ACCUSED 1 & 2: -------------------------- 1. ELIZABETH, AGED 50, W/O.RAVI THOMAS VADASSERY, NEAR CHAITHANYA MARBLES, ARAYKAKADAVU ROAD, EDAPALLY, ERNAKULAM. 2. PRESTINA ANTONY, AGED 85 YEARS, W/O.ANTONY, KOLLAMMAPARAMBIL HOUSE, TALAPURAM, ERNAKULAM. BY ADV. SRI.SANTHAN V.NAIR RESPONDENTS: STATE & COMPLAINANT: ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. LEENA ABRAHAM, AGED 39 YEARS, W/O.ABRAHAM JOSEPH, KAVAYIL HOUSE, NEAR CHIRIKKAL JUNCTION, VAIKOM, KOTTAYAM DISTRICT. BY ADV. SRI. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 55 of 2008 ========================== Dated this the 4th day of January, 2008. ORDER The petitioners who are accused Nos. 1 and 2 in C.C. No. 32/2007 on the file of the Chief Judicial Magistrate, Ernakulam for offences punishable under Sections 419, 420 r/w Section 120 B and 34 IPC, seeks a direction to that court to recall the Non bailable warrant issued against the petitioners and to permit the petitioners to file a compounding petition since the offences have subsequently been compounded. 2. Since the offences are compoundable with the permission of the court, I see no reason why the prayer of the petitioners should not be granted particularly when the 2nd petitioner is an 85 year old woman and is stated to be bed- ridden. 3. This Crl. M.C. is accordingly disposed of permitting the 1st petitioner to surrender before the Magistrate and permitting the 2nd petitioner to file a petition to excuse her absence and also permitting the petitioners to file an application for regular bail CRL. M.C. NO. 55/2008 : 2 : within two weeks from today provided they also file the necessary compounding petition and the petition for permission to compound the offences along with the said petitions. In case the petitioners comply with the above conditions, the learned Magistrate shall release them on bail and pass orders on the petition to compound the offences according to law. V. RAMKUMAR, JUDGE. rv CRL. M.C. NO. 55/2008 : 3 :