IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 9TH AUGUST 2011 / 18TH SRAVANA 1933 Crl.MC.No. 2544 of 2011() ------------------------- CC.1078/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KUNNAMKULAM .................... PETITIONER(S): ACCUSED: ----------------------------------------- ASHRAF, S/O.KOYAMU, MADAMPARA HOUSE, THIRUVHIZHAMKUNNU P.O., ALANALLOOR, MANNARKAD TALUK, PALAKKAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PERAMANGALAM POLICE STATION, THRISSUR DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.2544/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.A1: COPY OF THE FINAL REPORT IN CC.1078/2002 ON THE FILE OF THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS, KUNNAMKULAM. ANNEX.A2: ENGLISH TRANSLATION OF ANNEXURER A1. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss B.P. RAY, J. ------------------------------------------------- Crl. M.C No. 2544 OF 2011 ------------------------------------------------- DATED THIS THE 9th DAY OF AUGUST, 2011 O R D E R Heard Learned Counsel for the petitioner and the learned Public Prosecutor. Petitioner is the accused in Crime No.172/2002 of Peramangalam Police Station for offences punishable under Section 20 of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 read with Rule 29 of the Rules and now pending as CC No.1078/2002 before the Judicial First Class Magistrate, Kunnamkulam. I am not inclined to quash Annexure A1 F.I.R at this stage. It is open to the petitioner to plead discharge. If such an application is filed within one month from today the Magistrate shall pass appropriate orders thereon. Due to the non appearance of the petitioner, non bailable warrant of arrest has been issued against the petitioner. The learned counsel for the petitioner states that the petitioner apprehends arrest and he is ready and willing to surrender before the trial court. If the petitioner surrenders on or before Crl.M.C No. 2544/2011 -2- 31-08-2011 and applies for bail, the learned Magistrate may release him 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