IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Crl. MC.No. 4301 of 2011() ---------------------------------- (CRIME NO.498/1997 OF KONDOTTY POLICE STATION) ................................. PETITIONER/ ACCUSED NO.2 ----------------------------------------- C.BASHEER, S/O.MOHAMMEDKUTTY HAJI, CHEMBAN HOUSE, KONDOTTY P.O., MALAPPURAM DISTRICT. BY ADV. SRI.JOHN JOSEPH RESPONDENT : ---------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R2 BY SRI.RAJESH VIJAYAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: RKM -2- Crl. MC.No. 4301 of 2011() APPENDIX PETITIONERS' ANNEXURES : ANNEXURE A1: CERTIFIED COPY OF THE FINAL REPORT SUBMITTED BY THE POLICE BEFORE THE LOWER COURT DATED 18-4-2000. ANNEXURE A2: CERTIFIED COPY OF THE JUDGMENT IN CC 146/2003 DATED 27-2-2006. RESPONDENTS' ANNEXURES : NIL //TRUE COPY// P.A. TO JUDGE RKM N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4301 of 2011 ------------------------------------------ Dated this the 15th day of December, 2011 ORDER Petitioner was the second accused in Crime No.498/97. The offence alleged against him and other accused was under Section 379 r/w 34 IPC. The petitioner who was the second accused was absconding and so the case against him was split-up and re-filed as CC.224/06. The main case, CC.146/03 was disposed of by the learned Magistrate on 27.02.2006. It is stated that the petitioner was abroad. That has to be verified by the learned Magistrate by verifying his passport. Since the petitioner was absconding, the case is now pending before the learned Magistrate as LPR No.167/2006. Even after that transferring, the case as LPR No.167/2006 it has been pending for more than 5 years. The learned counsel for the petitioner submits that the petitioner could not appear before the court only because he was abroad. It is not known whether Crl.M.C.No. 4301 of 2011 -: 2 :- he had come to the native place during these past 5 years and earlier also. The offence alleged is under Section 379 IPC. The learned counsel submits that the petitioner is ready to surrender before the learned Magistrate. The petitioner should apprise the learned Magistrate the reasons for his non appearance earlier. The learned Magistrate will dispose of his bail application as expeditiously as possible but only in accordance with law and considering the facts situation of the case. N.K. BALAKRISHNAN, JUDGE. smvd