IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 11TH APRIL 2011 / 21ST CHAITHRA 1933 CRL.MC.NO. 1209 OF 2011() --------------------------------------- LP.124/2002 OF JUDL.MAGISTRATE OF FIRST CLASS-II, MANANTHAVADY PETITIONER(S): ACCUSED -------------------------------------- USMAN, S/O. MUHAMMED, MOOTHEDATHU HOUSE, EDAKKARA, PUNNAYOOR, CHAVAKKAD TALUK, THRISSUR DISTRICT. BY ADV. SRI.RAJIT RESPONDENT(S): STATE ------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. VIJAYA @ PREMA, W/O. BABY, AGED 41 YEARS POOKOLLY HOUSE, KOLLUVAYAL VILLAGE, KANIAMPATTA, WYNAD DISTRICT. 3. BABY, S/O. THOMAS, AGED 55 YEARS, POOKOLLY HOUSE, KOLLUVAYAL VILLAGE, KANAMPATTA, WAYNAD DISTRICT. ADV. SRI.V.V.JOY FOR 2,3 BY PUBLIC PROSECUTOR SHRI JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1209 of 2011 ==================================== Dated this the 11th day of April, 2011 O R D E R Petitioner is accused in Crime No.98 of 1998 of Kambakkad Police Station and L.P. No.124 of 2002 of the court of learned Judicial First Class Magistrate-II, Mananthavady for offences punishable under Sections 341 and 323 read with Section 34 of the Indian Penal code. I have heard learned counsel for petitioner, respondents 2 and 3 and the learned Public Prosecutor. Learned counsel for petitioner and respondents 2 and 3 submitted that offences involved are compoundable and respondents 2 and 3 will file appropriate application before the learned Magistrate. Apprehension of petitioner is that since the case is included in the long pending register if he appears in the trial court he may be remanded to judicial custody. Since final report is filed, I do not think that judicial custody of petitioner is required. 2. Having regard to the circumstances stated I am inclined to direct that warrant issued to the petitioner will stand in abeyance for some time so that petitioner and respondents 2 and 3 could appear in the trial court and seek composition of the CRL.M.C. No.1209 of 2011 -: 2 :- offence. Resultantly, Criminal Miscellaneous Case is disposed of granting three weeks time from this day for petitioner and respondents 2 and 3 to appear in the trial court and seek composition of the offences. Warrant of arrest issued to the petitioner will stand in abeyance for the said period of three weeks from this day or till petitioner and respondents 2 and 3 appear in the trial court whichever is earlier. THOMAS P. JOSEPH, JUDGE. vsv