IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 Crl.MC.No. 1753 of 2011() ------------------------ SC.18/2010 ADDL. ASSISTANT SESSIONS COURT, KOZHIKODE LP.11/2010 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THAMARASSERY .................. PETITIONERS / ACCUSED 1 TO 4 : ------------------------------------------------- 1. USMAN, S/O.ABDURAHIMAN, KOTTAKKUNNUMMAL HOUSE, AVILORA P.O., KOZHAKKOTH, KOZHIKODE. 2. ABDULLA, S/O.ABDURAHIMAN, KOTTAKKUNNUMMAL HOUSE, AVILORA P.O., KOZHAKKOTH, KOZHIKODE. 3. IBRAHIM, S/O.ABDURAHIMAN, KOTTAKKUNNUMMAL HOUSE, AVILORA P.O., KOZHAKKOTH, KOZHIKODE. 4. ABDURAHIMAN.P.C, S/O.ABDULKHADER, KONNALIL HOUSE, AVILORA P.O., KOZHAKKOTH, KOZHIKODE. BY ADV. SRI. P.V. KUNHIKRISHNAN RESPONDENTS / DEFACTO COMPLAINANT & STATE : ------------------------------------------------------------------------------- 1. ABDUL RAHIM, S/O.AHAMMED KOYA, KODUVALLY AMSOM DESOM, KODUVALLY POST, KOZHIKODE TALUK AND DISTRICT-673 012. 2. SUB INSPECTOR OF POLICE, KODUVALLY POLICE STATION, KODUVALLY, KOZHIKODE-673 012. 3. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-31. R1 BY ADV. SRI.HANSON.P.MATHEW R2 & R3 BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...2/- Crl.MC.No. 1753 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE - A : COPY OF THE FINAL CHARGE SHEET AND THE STATEMENT RECORDED UNDER SECTION 161 CR.P.C. ANNEXURE - B : COPY OF THE PROCEEDING SHEET IN L.P.NO.11/2010 AND THE SAME IS PENDING BEFORE THE JUDICIAL FIRST CLASS MAGISTRATE COURT-I, THAMARASSERY. ANNEXURE - C : COPY OF THE SETTLEMENT AGREEMENT DATED 2.6.2011 BETWEEN THE PETITIONERS AND THE 1ST RESPONDENT. ANNEXURE - D : THE ORIGINAL AFFIDAVIT SWORN BY THE 1ST RESPONDENT DATED 3.6.2011. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.S. TO JUDGE Mn THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1753 of 2011 -------------------------------------- Dated this the 20th day of June, 2011. ORDER Petitioners are accused in Crime No.489 of 2008 of Koduvally Police Station for various offences including under Sections 308 read with Section 149 of the Indian Penal Code. The case against petitioners 1, 3 and 4 was committed and is pending trial before learned Additional Assistant Sessions Judge, Kozhikode as S.C.No. 18 of 2010. Since the second petitioner was not available at the time of committal of that case, case against him was split up and included in Long Pending Register as L.P.No.11 of 2010 of the court of learned Judicial First Class Magistrate-I, Thamarassery. 2. Though prayer in this petition is to quash proceeding against them on the strength of a settlement reached with first respondent, at the time of hearing learned counsel requested that second petitioner may be granted time to appear before learned Magistrate and seek regular bail, a direction may be issued to the learned Magistrate to release him on bail on such surrender and the court concerned may be directed to dispose of the case as early as possible. I have heard learned Public Prosecutor also. Learned counsel submitted that the alleged incident arose from a money transaction even as per the final report. Crl.MC No.1753/2011 2 Having regard to that circumstance I am inclined to grant time to the second petitioner to appear before learned Magistrate and seek regular bail/recall of warrant. Resultantly this Criminal Miscellaneous Case is disposed of in the following lines: i. Second petitioner is granted a month's time from this day to appear before learned Judicial First Class Magistrate-I, Thamarassery in L.P.No.11 of 2010 and seek regular bail/recall of warrant. If any such application is preferred learned Magistrate shall dispose of the same having regard to all relevant facts and circumstances of the case including that remand of second petitioner may not be necessary and pass appropriate orders as early as possible. Warrant of arrest if any issued against the second petitioner in L.P.No.11 of 2010 will remain in abeyance during the said period of one month or till petitioner appears before learned Magistrate whichever is earlier. ii. Learned Magistrate is directed to complete the committal proceeding in L.P.No.11 of 2010 as early as possible and pass appropriate orders in such proceeding. Crl.MC No.1753/2011 3 iii. Learned Sessions Judge, Kozhikode on the case (L.P.No.11 of 2010 of the court of learned Judicial First Class Magistrate-I, Thamarassery) being committed to that court shall make over the said case for trial to the court of learned Additional Assistant Sessions Judge, Kozhikode (where S.C.No.18 of 2010 is pending). iv. Learned Additional Assistant Sessions Judge, Kozhikode who is to try S.C.No.18 of 2010 is directed to try and dispose of the case arising from L.P.No.11 of 2010 also on the same being committed for trial, as early as possible taking into consideration that second petitioner is employed abroad. Registry shall forward a copy of this order to the learned Sessions Judge, Kozhikode and Additional Assistant Sessions Judge, Kozhikode (where S.C.No.18 of 2010 is pending). THOMAS P.JOSEPH, Judge. cks