IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 21ST JUNE 2011 / 31ST JYAISHTA 1933 Crl.MC.No. 1720 of 2011() -------------------------------------- (CRIME NO.930/2009 OF KANNUR TOWN POLICE STATION,KANNUR DISTRICT) ..... PETITIONER(S): 7TH ACCUSED: ----------------------------------------------- P.V.SANIL, S/O.MAJEED, AGED 21 YEARS, NASILAS, KANNUR CITY P.O., KANNUR. BY ADVS. SMT.K.K.CHANDRALEKHA, SRI.GOPAKUMAR G. (ALUVA). RESPONDENT(S): COMPLAINANTS AND STATE: ----------------------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. V. MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss CRMC.NO.1720/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX.1: COPY OF THE FIR IN CRIME NO.930/2009 OF KANNUR TOWN POLICE STATION. ANNEX.2: COPY OF THE FINAL REPORT IN CRIME NO.930/2009 OF KANNUR TOWN POLICE STATION. RESPONDENT'S ANNEXURES: N I L /TRUE COPY/ P.A.TO JUDGE Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1720 of 2011 -------------------------------------- Dated this the 21st day of June, 2011. ORDER Petitioner is the seventh accused in Crime No.930 of 2009 of Kannur Town Police Station and C.P.No.18 of 2011 of the court of learned Judicial First Class Magistrate-I, Kannur for offence punishable under Section 395 read with Section 34 of the Indian Penal Code. Though prayer in this petition is to quash the final report and other proceeding against petitioner, at the time of hearing learned counsel submitted that petitioner is prepared to surrender before learned Magistrate and seek regular bail and prayed for a direction to the learned Magistrate to consider application for bail/recall of warrant that may be preferred by petitioner on the same day of appearance. It is submitted by learned counsel that statement in the final report that petitioner is absconding is not correct and that the final report shows that so many persons are mentioned as absconding. That is done without making any effort to trace petitioner who was very much available at his place of residence. Petitioner is prepared to surrender before learned Magistrate, it is submitted. I have heard learned Public Prosecutor also. 2. Having considered the request made, I am inclined to grant some relief to the petitioner so that he could surrender before learned Magistrate and seek appropriate relief. Since final report is filed I do not find reason to think Crl.MC No.1720 of 2011 2 that Police may insist for custodial interrogation of petitioner (in this case). Resultantly this Criminal Miscellaneous Case is disposed of in the following lines: i. Petitioner is granted three weeks time from this day to appear before learned Judicial First Class Magistrate-I, Kannur ( in C.P.No.18 of 2011) and seek regular bail/recall of warrant. ii. Warrant of arrest issued to the petitioner will stand in abeyance during the said period of three weeks or till petitioner appears before the learned Magistrate whichever is earlier. iii. Learned Judicial First Class Magistrate-I, Kannur is directed to dispose of the application for bail/recall of warrant if any preferred by petitioner as early as possible having regard to the circumstances of the case and the observations made above. THOMAS P.JOSEPH, Judge. cks