IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY SATURDAY, THE 20TH AUGUST 2011 / 29TH SRAVANA 1933 Crl.MC.No. 1669 of 2009(V) -------------------------- CC.398/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT, NILAMBUR CRIME NO. 675/2007 of NILAMBUR POLICE STATION .................... PETITIONER/ACCUSED:- ---------------------------- V.P.SAIDALAVI @ SYED HAJI, S/O. HYDRUMANKUTTY MOLLA, VELLARAMPARA HOUSE, PUNNAPALA, NILAMBUR, MALAPPURAM DIST. BY ADV. SRI.BABU S. NAIR RESPONDENTS/STATE AND COMPLAINANT:- ------------------------------------------------- 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31. 2. THE NILAMBUR, CO-OPERATIVE URBAN BANK, REP. BY ITS BRANCH MANAGER,U.C.HARIHARAN, NILAMBUR, MALAPPURAM DIST. ADV. SRI.V.RAJENDRAN FOR R2 SRI. B. VINOD, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C.NO. 1669/2009 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A : TRUE COPY OF THE FIR IN CRIME NO. 675/2007 OF THE NILAMBUR POLICE STATION ON 04.12.2007. ANNEXURE B : TRUE COPY OF THE FINAL REFER REPORT SUBMITTED BY THE SUB INSPECTOR OF POLICE STAITON DATED 02.02.2008. ANNEXURE C : TRUE COPY OF THE COMPLAINT FILED BY THE 2ND RESPONDENT AS C.M.P. 1612/2008 DATED 22.05.2008. ANNEXURE D : TRUE COPY OF THE ORDER IN I.A. NO. 942/2007 IN C.M.A NO.24/2007 OF THE DISTRICT COURT, MANJERI DATED 15.11.2007. RESPONDENTS' ANNEXURES: //TRUE COPY// P.A. TO JUDGE rv B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1669 of 2009 - - - - - - - - - - - - - - - - Dated this the 20th day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the sole accused in Crime No. 675 of 2007 of Nilambur Police Station for offences punishable under Sections 447, 427 and 506(i) IPC and now pending as C.C. No. 398 of 2008 before the Judicial First Class Magistrate, Nilambur. It is for the petitioner to plead for a discharge by filing appropriate application. If such an application is filed, the learned trail court shall pass a reasoned order. 3. The learned counsel for the petitioner states that the personal appearance of the petitioner may not be insisted upon before the trial court. If the petitioner files an application under Section 205 Cr.P.C before the trial court, the learned Magistrate shall allow the same on such terms and conditions he deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv