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JibIn Vs. State of Kerala - Court Judgment

SooperKanoon Citation
CourtKerala High Court
Decided On
Judge
AppellantJibin
RespondentState of Kerala
Excerpt:
.....2013 11th magha 193 crl.mc.no. 694 of 2013 () ------------------------- crime no. 2013/2012 of punalur police station , kollam. .............. petitioners/accused no.1 to 4.----------------------------------------------------- 1. jibin, s/o.chandra babu, j.b. bhavan, santharam mukku, edamon village, pathanapuram taluk.2. nejim, s/o.shoukkath ali, nabeel manzil, mundoor nirappathu, pathirikkal, pathanapuram taluk.3. muhammed kamarudeen, s/o.rahim, k.k.p. house, chemmanthoor, punalur village, pathanapuram taluk.4. shaiju, s/o.raju, puthiyathoppu, thonikkadavu, kariyara, vilakkudy village, pathanapuram taluk. by adv. sri.vinoy varghese kallumoottill. respondents/complainant: ----------------------------------------------- 1. state of kerala, represented by public prosecutor, high court.....
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 31ST DAY OF JANUARY 2013 11TH MAGHA 193 Crl.MC.No. 694 of 2013 () ------------------------- CRIME NO. 2013/2012 OF PUNALUR POLICE STATION , KOLLAM. .............. PETITIONERS/ACCUSED NO.1 TO 4.----------------------------------------------------- 1. JIBIN, S/O.CHANDRA BABU, J.B. BHAVAN, SANTHARAM MUKKU, EDAMON VILLAGE, PATHANAPURAM TALUK.

2. NEJIM, S/O.SHOUKKATH ALI, NABEEL MANZIL, MUNDOOR NIRAPPATHU, PATHIRIKKAL, PATHANAPURAM TALUK.

3. MUHAMMED KAMARUDEEN, S/O.RAHIM, K.K.P. HOUSE, CHEMMANTHOOR, PUNALUR VILLAGE, PATHANAPURAM TALUK.

4. SHAIJU, S/O.RAJU, PUTHIYATHOPPU, THONIKKADAVU, KARIYARA, VILAKKUDY VILLAGE, PATHANAPURAM TALUK. BY ADV. SRI.VINOY VARGHESE KALLUMOOTTILL. RESPONDENTS/COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.

2. SUB INSPECTOR OF POLICE, PUNALUR POLICE STATION, KOLLAM DISTRICT-691 305. BY PUBLIC PROSECUTOR SMT.V.H. JASMINE. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 31-01-2013, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. Crl.MC.No. 694 of 2013 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1 COPY OF THE FIR IN CRIME NO.2013/2012 OF PUNALUR POLICE STATION. ANNEXURE A2 COPY OF THE RELEVANT PAGES OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL/25A.8324. ANNEXURE A3 COPY OF THE RELEVANT PAGES OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL/25B.7082. ANNEXURE A4 COPY OF THE RELEVANT PAGES OF THE REGISTRATION CERTIFICATE OF THE VEHICLE BEARING NO.KL/25D.475. ANNEXURE A5 COPY OF THE RELEVANT PAGES OF THE REGISTRATION CERTIFICATE OF THE JCB BEARING CHASIS NO.1818855. ANNEXURE A6 COPY OF THE APPLICATION SUBMITTED BEFORE THE 2ND RESPONDENT ALONG WITH POSTAL RECEIPT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE rs. T.R. RAMACHANDRAN NAIR, J.

~~~~~~~~~~~~~~~~~~~~~~~~~~~ Crl.M.C.No.694/2013 ~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 31st day of January, 2013 ORDER

The petitioners are accused Nos.1 to 4 in Crime No.2013/2012 of Punalur Police Station. The offences alleged are under Rules 57 and 58 of the Kerala Minor Mineral Concession Rules. Annexure-A1 is the copy of the First Information Report.

2. It is stated that the petitioners are willing to compound the offences after paying the compounding fees as provided under Rule 60A of the Kerala Minor Mineral Concession Rules. Annexure-A6 is the copy of the application. It is submitted that so far no action has been finalised on the said application.

3. Rule 60A provides for compounding of the offences, but whether the application is to be allowed or not is for the Officer to consider. Appropriate decision will be taken within a period of ten days from the date of receipt of a copy of this Order and if the application is allowed, compounding fee as provided under the Act and Rules will be collected and the vehicles will be released after completing the formalities and after satisfying about the documents relating to the ownership and on fulfilling the liabilities. If the application is being disallowed, the respondents can proceed in accordance with law and appropriate reply will be given to the petitioners. (T.R. Ramachandran Nair, Judge.) ms


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