IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3259 of 2010()
1. TOMY MATHEW, AGED 52
... Petitioner
Vs
1. SOMAN KANDATHIL , AGED 40
... Respondent
2. STATE OF KERALA, REPRESENTED BY
For Petitioner :SRI.C.P.UDAYABHANU
For Respondent :SRI.K.A.SALIL NARAYANAN
The Hon'ble MR. Justice V.RAMKUMAR
Dated :10/08/2010
O R D E R
V. RAMKUMAR, J.
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Crl.M.C..No.3259 of 2010
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Dated: 10.08.2010
ORDER
Petitioner, who is the 1st accused in Crime No.16/2010 of
Kothamangalam Police Station for offences punishable under
Sections 143,147,148,324 and 308 read with 149 IPC and Section 3
(a) of Explosive Substances Act, seeks to quash Annexure 3(a)
order passed by J.F.C.M, Kothamangalam refusing the application
filed by the de facto complainant to forward Annexure 3 petition to
the Investigating Officer and to terminate the proceedings after
noticing that the de facto complainant has no subsisting grievance
in the matter in view of the subsequent settlement of the dispute.
Since some of the offences are not compoundable offences, it was
not permissible for the Investigating Officer to discontinue the
investigation or for the Magistrate to compound the offences. The
matter is still in the crime stage.
2. It is true that the application filed by the petitioner for
bail was rejected by this Court prior to the settlement of the
dispute. But taking into account the subsequent settlement of the
dispute, I am of the view that the petitioner should be permitted to
Crl.M.C. No.3259/2010
2
surrender before the Magistrate and apply for regular bail. In
case the petitioner surrender before the Magistrate and apply
for regular bail within two weeks from today he shall be released
on bail on appropriate conditions after noticing the fact that
there has been subsequent settlement of the dispute between the
de facto complainant and the petitioner.
This Crl.M.C is disposed of reserving the above right of the
petitioner.
Dated this the 10th day of August, 2010.
V. RAMKUMAR, JUDGE
sj