IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 8TH SEPTEMBER 2010 / 17TH BHADRA 1932 Crl.MC.No. 3712 of 2010() -------------------------------------- CRIME NO.615/2010 OF THE TOWN POLCIE STATION, PALAKKAD. ............... PETITIONER(S): ACCUSED ---------------------------------------- 1. PEER MUHAMMED,S/O.MUHAMMED ROWTHER, AGED 68 YEARS,PYARIJAN MANZIL,ARUNDHUTHIYAR STREET KUNNATHURMEDU,PALAKKAD-13. 2. KHADHHEJA,W/O.PEER MUHAMMED,AGED 64 YRS, PYARIJAN MANZIL,ARUNDHUTHIYAR STREET, KUNNATHURMEDU,PALAKKAD-13. 3. PYARIJAN,W/O.ASSAINAR AND D/O.PEER MUHAMMED,AGED40 YEARS,KAVUNGAL HOUSE,KUNNANNUR AMSOM,CHANDRANAGAR,PALAKKAD. 4. AZEEZ,S/O.PEER MUHAMMED,AGED 39 YEARS, PYARIJAN MANZIL,ARUNDHUTHIYAR STREET, KUNNATHURMEDU,PALAKKAD. 5. MOHAMMED ALI @ BABU,S/O.MUHAMMED ROWTHER AGED 31 YEARS,PYARIJAN MANZIL,ARUNDHUTHIYAR STREET KUNNATHURMEDU,PALAKKAD-13. BY ADV. SRI.RAJESH SIVARAMANKUTTY RESPONDENT(S): DEFACTO COMPLAINANT & STATE ----------------------------------------------------------------------------- 1. CHELLAMMA,W/O.MANI,AGED 52 YEARS, AYYAPPANKAVU,KADAMKODE,KARINGARAPPULLY.P.O, PALAKKAD,PIN-678001. 2. THE STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,COCHIN-31. R2 BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.3712 of 2010 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure to quash Crime No. 615/2010 of Town Police Station, Palakkad, registered for the offences under Sections 143, 147, 148, 341, 323, 294(b), 354 and 506(ii) read with Section 149 of Indian Penal Code and Sections 3(x) and 3(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. 2. Learned counsel appearing for the petitioners was heard. 3. On hearing the learned counsel, I do not find this is a fit case to invoke the extraordinary jurisdiction and quash the FIR as sought for. Learned counsel then submitted that petitioners may be permitted to surrender before the Magistrate and learned Magistrate may be directed to consider the application for bail on the date of surrender. CRMC 3712/10 2 4. When the accused surrender and file an application for bail, Magistrate is expected to pass orders on the application without delay. I find no reason to believe that Magistrate is unaware of the provisions of law or the decisions of this Court or the Apex Court or that Magistrate will not act in accordance with law. Hence, no direction is warranted. Petitioners are at liberty to raise all the contentions raised herein before the learned Magistrate. Petition is disposed. 8th September, 2010 (M.Sasidharan Nambiar, Judge) tkv