IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 Crl.MC.No. 870 of 2009() --------------------------------- (CRIME NO. 387/2008 OF MANJESWAR POLICE STATION) PETITIONERS: ACCUSED ------------------------------------ 1. SUDHAKARA, AGED 22 YEARS, S/O.CHANIYAPPA R/AT MADHAPADCHA HARIJAN COLONY, MULINJE, UPPALA VILLAGE, KASARAGOD. 2. RAMAKRISHNA, AGED 32 YEARS, S/O.KOMARU, R/AT MADHAPADCHA HARIJAN COLONY, MULINJE, UPPALA VILLAGE, KASARAGOD. 3. RAMACHANDRA, AGED 30 YEARS, S/O.LATE KORAGAPPA, R/AT MADHAPADCHA HARIJAN COLONY, MULINJE, UPPALA VILLAGE, KASARAGOD. 4. BHASKARA, AGED 39 YEARS, S/O.LATE AYTHA, R/AT MADHAPADCHA HARIJAN COLONY, MULINJE, UPPALA VILLAGE, KASARAGOD. 5. KRISHNAN, AGED 40 YEARS, S/O.LATE BABU, R/AT MADHAPADCHA HARIJAN COLONY, MULINJE, UPPALA VILLAGE, KASARAGOD. 6. NARAYANA, AGED 38 YEARS, S/O.KORAGU, R/AT MADHAPADCHA HARIJAN COLONY, MULINJE, UPPALA VILLAGE, KASARAGOD. 7. NAVEENA, AGED 27 YEARS, S/O.LATE KORAGAPPA, R/AT MADHAPADCHA HARIJAN COLONY, MULINJE, UPPALA VILLAGE, KASARAGOD. BY ADV. MS.R.PADMAKUMARI RESPONDENT: STATE -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J ----------------------- CRL.M.C.No. 870 OF 2009 --------------------------------- Dated this the 4th day of March, 2009 O R D E R This petition is filed with a prayer to quash Annexure A1 FIR and all further proceedings pursuant thereto. Heard the learned counsel for the petitioner. The case is registered against the petitioner and others under Sections 143, 147, 148, 341, 324, 308, 447 and 427 r/w 149 of the IPC. It is registered on the basis of a First Information Statement given by the defacto complainant. He had stated before the police that there was some dispute with respect to the property. While he was travelling in a car, the present petitioner and others had broken glass of the car, dragged him outside the car, then beat him with an iron rod and again attempted to beat him on the head with the iron rod and at that time as he had placed his hand, he sustained injuries on the hand, otherwise it would have hit on the head which would have resulted even in the death. He was admitted in the hospital and the police had intimated. The investigation is going on. It is too an early stage to say whether an offence Crl.M.C.No. 870/2009 -2- under Section 308 is attracted or not. There is a First Information Statement indicating about the incident. It is also seen that there is some other petition filed by the present petitioner and others against the defacto complainant in this case. These are all matters which requires detailed investigation. This is not a stage to quash the FIR. 2. If the petitioners surrender before the court and move an application for bail, I direct the Chief Judicial Magistrate, Kasaragod to consider the bail application on that day itself. Therefore the Crl.M.C lacks merit and it is accordingly dismissed. M.N. KRISHNAN,JUDGE vkm