SURESH BABU LAKSHMANAN PILLA Vs. STATE OF KERALA

JUDGEMENT

(1.) In this petition filed under section 482 Cr.P.C., the petitioner who is the second accused in Crime No.196/1999 of Thampanoor Police station for an offence punishable under Section 379 IPC in respect of a vehicle, seeks to quash the final report.

(2.) The petitioner has a contention that even though the FIR was registered on 13.1.1999, final report was filed only on 21.1.2004, i.e., long after the limitation prescribed under Section 468 Cr.P.C for the offence punishable under Section 379 IPC and the Magistrate has taken cognisance of the offence without even condoning the delay and without hearing the petitioner who had a right to be heard. Yet another contention raised is that the petitioner was a juvenile on the date of commission of the offence.

(3.) The case is now pending before the J.F.C.M-III, Thiruvananthapuram in C.C.No.141/2004. Consequent on the non appearance of the petitioner before that Court, non bailable warrants of arrest are pending against the petitioner. Since the contentions raised above are worthy of serious consideration, I am inclined to give the petitioner an opportunity to raise both the contentions before the Magistrate. This Crl.M.C. is Accordingly disposed of as follows:- If the petitioner surrenders before the J.F.C.M-III, Thiruvananthapuram and files an application for regular bail the same shall be considered and disposed of preferably on the same date on which it is filed, after examining the aforementioned contentions raised by the petitioner. It shall be open to the petitioner to produce evidence in support of his age to buttress his contention that he was juvenile on the date of commission of offence.