Saji vs State Of Kerala on 27 March, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 1697 of 2005()


1. SAJI, S/O.PHILIPOSE,
                      ...  Petitioner
2. SHIBU M.K. S/O.KUMARAN,

                        Vs



1. STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. CICILY JOHN, CHELLAKUZHI HOUSE,

                For Petitioner  :SRI.P.GOPAKUMARAN NAIR

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :27/03/2007

 O R D E R
                                   R. BASANT, J.

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                          Crl.M.C.No.  1697 of   2005

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                   Dated this the 27th day of   March, 2007


                                       O R D E R

This petition has been filed by the petitioners, who are accused

1 and 2 in a crime registered by Kuruppampady police, inter alia

under Section 3 of the SC/ST (Prevention of Atrocities) Act and

Sections 427, 448 r/w. 34 I.P.C. The crime has been registered on

11.6.2005 as Crime No.229 of 2005. The petitioners have come to

this Court with the prayer that the F.I.R. registered against them may

be quashed.

2. When this petition came up for hearing, the learned counsel

for the petitioners submits that the matter has been settled between

the parties and the defacto complainant shall report to the

Investigating Officer that the matter has been settled and

compromised and that she has no surviving grievance against the

petitioners. The counsel submits that as a matter of fact it was a

purely civil dispute between the parties and there is no element of

contumacious culpable liability for the petitioners.

Crl.M.C.No. 1697 of 2005

2

3. Having considered all the relevant inputs, I am satisfied that this

petition can be dismissed with appropriate observations/safeguards.

4. This Crl.M.C. is accordingly dismissed. It will be open to the

parties to appear before the Investigating Officer and submit that the matter

has been settled and there is no surviving disputes between the parties.

The Investigating Officer must consider all circumstances in their totality

and come to appropriate conclusions and file appropriate reports before the

learned Magistrate. The Investigating Officer shall be at liberty to question

the accused persons. However, I am satisfied in the nature of the

submissions made, that a direction can be issued to the petitioners to appear

before the learned Magistrate on 9.4.2007 and seek bail. Till then they shall

not be arrested by the Investigating Officer. The learn Magistrate must pass

appropriate orders granting the petitioners bail, subject to appropriate

conditions on the date of their surrender itself.

(R. BASANT)

Judge

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