IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY WEDNESDAY, THE 3RD AUGUST 2011 / 12TH SRAVANA 1933 Crl.MC.No. 3645 of 2005() ------------------------- CC.699/2005 of JUDICIAL FIRST CLASS MAGITRATE COURT - I, KOTTAYAM. CRIME NO.146/2005 OF THE KOTTAYAM EAST POLICE STATION. .................... PETITIONER(S): ACCUSED -------------------------------------- RAJMOHAN, S/O.MATHAI, @ MOHANAN, KAITHARAM HOUSE, MUTTAMBALAM, KANJIKUZHY, KOTTAYAM. BY ADV. SRI.RAJEEV V.KURUP RESPONDENT(S): COMPLAINANT/DEFACTO COMPLAINANT -------------------------------------------------------------------------------------- 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. RAJESH, S/O. KUNJUKUNJU, PUTHENPARAMBIL HOUSE, MUTTAMBALAM.P.O, KANJIKUZHY, KOTTAYAM. BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss CRMC. NO.3645/2005 APPENDIX PETITIONER'S ANNEXURES A:- COPY OF THE CHARGE SHEET DTD. 5.4.05 IN CC. 699/05 OF THE JFMC I, KOTTAYAM. B:- COPY OF THE NOTICE ISSUED BY THE S.I. OF POLCIE KOTTAYAM EAST POLCIE STATION TO THE PETITIONER'S FATHER, DTD. NIL. C:- COPY OF THE WOUND CERTIFICATE DTD. 13.3.05 ISSUED THE MEDICAL OFFICER DISTRICT HOSPITAL KOTTAYAM. D:- COPY OF THE STTEMENT OF THE 2ND RESPONDENT RESPONDENT'S ANNEXURES NIL:- TRUE COPY P.A. TO JUDGE tss B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No.3645 of 2005 - - - - - - - - - - - - - - - - Dated this the 3rd day of August, 2011. O R D E R Heard the learned counsel for the petitioner and the learned Public Prosecutor. 2. The petitioner is the accused in C.C. No. 699 of 2005 on the file of the Judicial First Class Magistrate-I, Kottayam for offences punishable under Sections 447, 341, 323, 324 and 506 (i) IPC. I am not inclined to quash the charge at this stage. It is open to the petitioner to file an application for discharge before the trial court. If such an application is filed, the learned Magistrate shall consider the same on merit. If the petitioner surrenders on or before 31.08.2011 and applies for bail, he shall be released on bail on such terms and conditions the learned Magistrate deems fit. This Crl.M.C is disposed of as above. sd/- B.P. RAY, JUDGE. rv