Shine v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA FRIDAY, THE 25TH DAY OF SEPTEMBER 2015/3RD ASWINA, 1937 Crl.MC.No. 6122 of 2015 --------------------------- SC 846/2014 OF 1ST ADDITONAL ASSISTANT SESSIONS COURT, THRISSUR. CRIME NO. 2683/2013 OF OLLUR POLICE STATION, THRISSUR DISTRICT. ..............

PETITIONER/2ND ACCUSED:

------------------------------------------ SHINE, AGED 31 YEARS, S/O. JOSE, CHALISSERYVALAPPILA HOUSE, P.O. OLLUR, EDAKKUNNY VILLAGE, THRISSUR DISTRICT.

BY ADVS.SRI.P.G.SURESH SRI.V.HARISH RESPONDENTS/1ST AND 3RD ACCUSED-INJURED:

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1. STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, OLLUR, THRISSUR DISTRICT, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031.

2. JAIN, AGED 30 YEARS, S/O. JOSE, CHALISSERYVALAPPILA HOUSE, P.O.OLLUR, EDAKKUNNY VILLAGE, THRISSUR DISTRICT-680306.

3. ROSHIN, AGED 35 YEARS, S/O. JOSE, MECHERY HOUSE, PADAVARADU DESAM, P.O. PADAVARADU, MARATHAKKARA VILLAGE, OLLUR, THRISSUR DISTRICT-680306.

4. SIJO JOY @ DHARMAJAN, AGED 27 YEARS, S/O. JOY, PARAMBITHARA HOUSE, P.O.ANCHERY, NEAR OLLUR OVER BRIDGE, ANUGRAHA STREET, EDAKKUNNI VILLAGE, THRISSUR-680006.

R1 BY PUBLIC PROSECUTOR SMT.SAREENA GEORGE R4 BY ADV. SRI.RAJAN VISHNURAJ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25-09-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

mbr/

Crl.MC.No. 6122 of 2015 ---------------------------------- APPENDIX PETITIONER(S)' ANNEXURES:

------------------------------------------- ANNEXURE A1THE CERTIFIED COPY OF THE FIR IN CRIME NO. 2683/2010, REGISTERED BY OLLUR POLICE.

ANNEXURE A2THE CERTIFIED COPY OF THE FINAL REPORT FILED BY THE POLICE IN S.C.NO. 846/2014 PENDING BEFORE THE COURT BELOW IN CRIME NO. 2683/2010.

ANNEXURE A3THE TRUE COPY OF THE FIRST INFORMATION REPORT FOR THE CRIME NO. 2682/2013 OF OLLUR POLICE STATION DATED 24-12-2013, INCLUDING THE FINAL REPORT FILED BY THE POLICE.

ANNEXURE A4THE AFFIDAVIT SIGNED AND EXECUTED BY THE 4TH RESPONDENT/INJURED IN THIS CASE.

ANNEXURE A5THE TRUE COPY OF THE WEDDING CARD FOR THE MARRIAGE OF THE 1ST PETITIONER/1ST ACCUSED.

RESPONDENTS' ANNEXURES:

NIL.

//TRUE COPY// P.S. TO JUDGE mbr/

B.KEMAL PASHA, J.

................................................................ CRL. M.C. No.6122 of 2015 ............................................................... Dated this the 25th day of September, 2015

O R D E R

Petitioner is the 2nd accused in S.C.No.846/2014 of the I Additional Assistant Sessions Court, Thrissur, which has arisen from Crime No.2683/2013 of the Ollur Police Station, Thrissur, registered for the offences punishable under Sections 341, 324 and 308 read with Section 34 IPC. 2.

According to the petitioner, the matter has been amicably settled between him and the defacto complainant, who is the 4th respondent. The 4th respondent has filed a detailed affidavit as Annexure A4 stating that the matter has been settled. On going through the allegations against the petitioner, the settlement entered into between the parties cannot be approved by this Court.

CRL.M.C.No.6122 of 2015 -: 2 :- 3.

The learned counsel for the petitioner has pointed out that the marriage of the petitioner is scheduled to be held on 4.10.2015. Further, according to the learned counsel for the petitioner, the petitioner will surrender before the court below within one week from the date of his marriage and it is requested that, till that time, he may not be arrested.

4.

On the undertaking given by the learned counsel for the petitioner that the petitioner will surrender on or before 12.10.2015, the court below is directed not to take any coercive steps against the petitioner till 12.10.2015. With the said observation, this Crl.M.C. is closed. Sd/- B.KEMAL PASHA, JUDGE ul/- [True copy] P.S. to Judge