IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Crl.MC.No. 3834 of 2007(F) ------------------------- CC.658/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER: PETITIONERS 1. A.P.AYISHA, AGED 70 YEARS, W/O.KAYIKKARAN MOIDEEN, ANCHARAPPAD HOUSE, NEAR THALAKKAL PALLI, P.O.PUTHIYANGADI. 2. A.P.KHADEEJA, AGED 46 YEARS, D/O.KAYIKKARAN MOIDEEN, NEAR THALAKKAL PALLI, P.O.PUTHIYANGADI. 3. A.P.ASMA, AGED 38 YEARS, W/O.MUHAMMEDALI, NEAR THALAKKAL PALLI P.O.PUTHIYANGADI. 4. A.P.IBRAHIMKUTTY, AGED 34 YEARS, S/O.KAYIKKARAN MOIDEEN, NEAR THALAKKAL PALLI P.O.PUTHIYANGADI. 5. A.P.SALAM, S/O.KAYIKKARAN MOIDEEN, NEAR THALAKKAL PALLI, P.O.PUTHIYANGADI. 6. A.P.MUBASHEERA, D/O.KAYIKKARAN MOIDEEN, NEAR THALAKKAL PALLI, P.O.PUTHIYANGADI. BY ADV. SRI.A.K.ABDUL AZEEZ RESPONDENTS: RESPONDENTS 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VADAKKE MUKKUVACHERRY SAKKEENA, D/O.ERAMULLAN, NEAR THANGAL PALLI POST OFFICE, KANNUR DIST. BY ADV. SRI. K.S. SIVAKUMAR, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 3834 of 2007 ========================== Dated this the 3rd day of January, 2008. ORDER The petitioner, who are accused Nos. 2 to 7 in C.C. No. 658/2006 on the file of the Judicial First Class Magistrate, Payyannur, seeks to quash Annexure I complaint. 2. From a reading of the complaint it cannot be said that the alleged offence under Section 498 A IPC is not made out against any of the petitioners who are the mother-in-law, two sisters in law, two of the brothers-in-law and sister-in-law respectively of the complainant Sakkeena. The question as to whether any offence has been made out against any of the petitioners is a matter for evidence. Hence, I am not inclined to entertain the M.C. However, since Non Bailable Warrant of arrest is allegedly pending against the petitioners, the petitioners may surrender before the Magistrate and seek regular bail. Accordingly, if the petitioners surrender before the Magistrate and file an application for bail within two weeks from today, the petitioner shall be released on bail on appropriate conditions. V. RAMKUMAR, JUDGE. rv