IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 Crl.MC.No. 2218 of 2011() ------------------------ L.PC.73/2006 AND CP.252/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KASARAGOD ............... PETITIONERS / ACCUSED AND DEFACTO COMPLAINANT : ------------------------------------------------------------------------------------- 1. SHAFI, AGED 41 YEARS, S/O.ABDULLA, R/AT PARA HOUSE, P.O.PATLA, PATLA VILLAGE, KASARAGOD TALUK & DISTRICT. 2. BASHEER, AGED 44 YEARS, S/O.HASSAINAR, R/AT BISMILLA MANZIL, MADHUR, PATLA VILLAGE, KASARAGOD TALUK & DISTRICT. 3. K.MOIDEENKUTTY, AGED 43 YEARS, S/O.KOPPALAM ABDULLA, R/AT KOPPALAM HOUSE, MADHUR, PATLA VILLAGE, KASARAGOD TALUK & DIST. 4. B.ASHARAF, AGED 32 YEARS, S/O.ABDULRAHIMAN, R/AT BOOD HOUSE, P.O.PATLA, PATLA VILLAGE, KASARAGOD TALUK & DIST. 5. FIROSE, AGED 28 YEARS, S/O.MUHAMMAD, R/AT PATHIKAL ADKAM HOUSE, P.O.PATLA, PATLA VILLAGE, KASARAGOD TALUK & DIST. 6. M.P.SAMEER, AGED 30 YEARS, S/O.M.P.ABDUL RAHIMAN, R/AT MUMTHAZ MANZIL P.O., PATLA, PATLA VILLAGE, KASARAGOD TALUK & DIST. 7. VISHWANATHAN, AGED 50 YEARS, S/O.MANJU, R/AT NEERCHAL HOUSE, P.O.MOGRAL PUTHUR, PUTHUR VILLAGE, KASARAGOD TALUK & DIST. BY ADVS. SRI.SUNIL NAIR PALAKKAT SMT.R.LEELA ...2/- Crl.MC.No. 2218 of 2011() -2- RESPONDENT / STATE : ---------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V. PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn ...3/- Crl.MC.No. 2218 of 2011() APPENDIX PETITIONER'S ANNEXURE'S ANNEXURE A1 : COPY OF THE FINAL REPORT DATED 5.8.2003 OF THE JFCM, KASARGOD. ANNEXURE A2 : TYPED COPY OF THE RELEVANT PAGE OF TRANSLATION OF ANNEXURE 1. ANNEXURE A3 : AFFIDAVIT DATED 24.3.2011 OF THE 7TH PETITIONER. RESPONDENT'S ANNEXURE'S - NIL //TRUE COPY// P.A. TO JUDGE Mn B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 2218 of 2011 - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2011. O R D E R Heard the learned counsel for the petitioners. 2. The petitioners are accused Nos. 1 to 6 and the de facto complainant in Crime No. 10 of 2003 of Kasaragod Police Station for offences punishable under Sections 143, 147, 148, 341, 427, 323, 324, 307 and 153(A) r/w Section 149 IPC and now pending before the Judicial First Class Magistrate, Kasaragod as L.P.C. No. 73 of 2006. I am not inclined to interfere at this stage. It is for the petitioners to raise all relevant points before the trial court at the time of trial. The learned counsel for the petitioners states that the petitioners were on bail. Due to the non appearance of the petitioners non bailable warrant of arrest has been issued. If the petitioners surrender on or before 08.08.2011 and applies for bail, they shall be admitted to bail on such terms and conditions the Magistrate deems fit. The committal proceedings shall be completed within two months from the date of appearance of the petitioner. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv