IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 3RD NOVEMBER 2009 / 12TH KARTHIKA 1931 Crl.MC.No. 3524 of 2009() ------------------------------------ CC.467/2008 of JUDL.MAGISTRATE OF FIRST CLASS COURT-I, KANNUR .................... PETITIONER/ACCUSED: --------------------------------- T.V. SUKUMARAN, S/O.KANNAN NAIR, AGED 50 YEARS, ANUGRAHA, THALIYIL PO, KALLYASSERY. BY ADV. SMT.K.K.CHANDRALEKHA MR.GOPAKUMAR G. (ALUVA) RESPONDENTS/COMPLAINANTS & STATE: ------------------------------------------------------------- 1. P.K. VASUDEVAN, S/O.GOVINDAN NAMBIAR AGED 75 , PILAKUNNUMEL KUTTYATTU HOUSE THEDIYANGAVELLAYIL, SREEKANDAPURAM. 2. T.P. SUJITH SADANANDAN, S/O.SADANANDAN AGED 36, THUNDIPARAMBATHU HOUSE, PANTHANDUKANDI, CHALA, THOTTUVA. 3. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R3 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO.3524 OF 2009 ------------------------------------------ Dated 3rd November 2009 O R D E R Petitioner is the accused in C.C.467/2008 on the file of Judicial First Class Magistrate-I, Kannur taken cognizance for the offence under Sections 323, 324, 427 of Indian Penal Code. Prosecution case is that petitioner who is a guard attached to KSRTC, Kannur depot manhandled second respondent in front of the Station Master's office and inflicted injury with a dangerous weapon and also caused damages to the counter of the office of the Station Master by breaking glass sheet and committed offences under Sections 323, 324 and 427 of Indian Penal Code. First respondent in his capacity as Controlling Inspector of KSRTC lodged the FIR. Petitioner along with respondents 1 and 2 filed Annexure-1 petition to compound the offence and sought permission of the court. By Annexure-2 order, learned Magistrate posted Annexure-I petition stating that witness who is having interest over the property to compound the offence Crmc 3524/09 2 under Section 427 is to be produced. This petition is filed under Section 482 of Code of Criminal Procedure directing the learned Magistrate to record the composition. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Offence under Section 427 of Indian Penal Code is compoundable, even without permission of the court by the person to whom the loss or damage is caused as provided under Sub Section 1 of Section 320 of Code of Criminal Procedure. So also offence under Section 323 of Indian Penal Code is compoundable without permission of the court, by the person to whom hurt is caused. As the amendment to Sub Section 2 of Section 320 of Code of Criminal Procedure deleting offence under Section 324 of Indian Penal Code is not notified, offence under Section 324 could also be permitted to be compounded, if sought for by the person whom hurt is caused. 4. Offence under Sections 323 and 324 could thus be permitted to be compounded as sought for in Annexure-A1 petition. But offence under Section 427 could be compounded only by the person to whom loss or Crmc 3524/09 3 damage is caused which could only by the KSRTC. Therefore, unless a composition is sought for by the Managing Director of KSRTC or on his directions by the appropriate officer, offence under Section 427 of Indian Penal Code cannot be allowed to be compounded. Learned Magistrate can therefore grant permission to compound the offences under Sections 323 and 324 and proceed with the case under Section 427 of Indian Penal Code, if it is not compounded. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.