IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 Crl.MC.No. 4801 of 2010() ------------------------------- LPC.59/2000 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY CRIME NO.15/1993 OF PANOOR POLICE STATION .................... PETITIONER(S): 2ND ACCUSED ------------------------------------ KOTTAYI PRIYESH, S/O.KUNHIKANNAN, AGED 22 YEARS, THATTACHERI HOUSE, KATHIRUR AMSOM, PONNIAM DESOM, KANNUR DISTRICT. BY ADVS. SRI.M.SASINDRAN SRI.JOHNY THOMAS RESPONDENT(S):DEFACTO COMPLAINANT (CW1) & CW2/COMPLAINANT ------------------------------------------------------------- 1. K.PAVITHRAN, S/O.NANU, ERAYINDAVIDA HOUSE, KATHIRUR AMSOM, KANNUR DISTRICT. 2. K.NANU, S/O.KUNHIRAMAN, POTHIYULLATHIL HOUSE, P.O.KADIRUR, NOW RESIDING AT EDAVALATH HOUSE, P.O.KADIRUR. 3. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1,2 BY ADV. SRI.S.R.SREEJITH R3 BY PUBLIC PROSECUTOR SRI.K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.4801 of 2010 --------------------------------------- Dated this 21st day of January, 2011 ORDER This petition is to quash proceedings against petitioner/accused No.2 in Crime No.15 of 1993 of Panoor Police Station pending before learned Additional Chief Judicial Magistrate, Thalassery in L.P.C.No.59 of 2000 for offences punishable under Secs.143, 147, 148, 341, 324 and 307 r/w Sec.149 of the Indian Penal Code. When the remaining accused faced trial, petitioner was not available and those accused were acquitted by Annexure-2, judgment. Petitioner states that he has settled the matter with respondent Nos.1 and 2 who have sworn Annexures-3 and 4, affidavits. Learned Public Prosecutor submitted that it is a political clash between two political groups in front of a temple and that the weapons used are dagger, iron rod and stone. 2. I am not persuaded to think that it is a matter involving petitioner and respondent Nos.1 and 2 alone. The offence cannot be classified as purely personal between the parties hereto. The offence is literally against the State and it involved public tranquility and peace. Hence the request to Crl.M.C.No.4801 of 2010 -: 2 :- quash the proceedings based on the settlement cannot be accepted. Acquittal of other accused for the offences is also not a ground to quash proceedings. Petitioner has to face the trial. 3. Learned counsel requested for a direction to grant bail to the petitioner. But, in a proceeding under Sec.482 of the Code of Criminal Procedure no direction for grant of bail could be given. But I direct that the non bailable warrant and other coercive steps initiated against petitioner will stand in abeyance for a period of three weeks from this day. In the meantime it is open to the petitioner to appear before the court below and seek bail from the appropriate court. Resultantly this criminal miscellaneous case is disposed of with the above direction. Learned Magistrate is directed to complete the committal proceedings as early as possible on appearance of petitioner. Learned Sessions Judge or the Additional/Assistant Sessions Judge to whom the case is made over for trial shall expedite trial of the case considering the facts and circumstances of the case. (THOMAS P JOSEPH, JUDGE) Sbna/-