IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 WP(C).No. 8504 of 2007(K) ------------------------- SC.321/2005 of I ADDL. DISTRICT COURT, TRIVANDRUM .................... PETITIONER(S): --------------------------- N.DEVADASAN, AGE 80, D/O.NALLATHAMPI NADAR, MYLAD HOUSE, UCHAKKADA POST, KULATHUR PANCHAYATH, NEYYATTINKARA TALUK. BY ADV. SRI.SASTHAMANGALAM S. AJITHKUMAR RESPONDENT(S): ---------------------------- THE CIRCLE INSPECTOR OF POLICE, PARASSLA, TRIVANDRUM (RURAL). GOVERNMENT PLEADER SRI.S.U.NAZAR FOR R1 SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR ADDL.R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.8504/2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1 :TRUE COPY OF THE FINAL REPORT IN CR.145/2003 OF POZHIYOOR POLICE STATION. EXT.P2: TRUE COPY OF THE NOTIFICATION DATED 7.11.2005. EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 9.1.2006 EXT.P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE KULATHUR GRAMA PANCHAYAT. EXT.P4(a): TRUE COPY OF THE RESOLUTION PASSED BY THE KULATHUR GRAMA PANCHAYAT. V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(c).No. 8504 of 2007 = = = = = = = = = = = = = = Dated this the 28 th day of May, 2010 JUDGMENT In this writ petition filed under Article 226 of the Constitution of India, the writ petitioner who is the father of “Ressel Raj” aged 42 years, who was allegedly stabbed on the neck and murdered by A1 and A2 seeks a direction to J.F.C.M-II, Neyyattinkara to arrest A1 whose case has been transferred to the Long Pending Register as L.P.No.45/2005 and stay the trial of S.C.No.321/2005 before the I Additional Sessions Court, Thiruvananthapuram as against A2. 2. The 1st accused who was enlarged on bail during the crime stage absconded. The case against A2 was committed and is pending before the I Additional Sessions Court as S.C.No.321/2005. Since A1 had gone beyond the territory of the country and had taken refuge in the Sultanate of Oman, extradition proceedings were initiated against him. W.P.(C) No.8504 of 2007 2 3. The learned Public Prosecutor submits that A1 has been arrested from abroad and brought to India and was produced before the committal court on 1.5.2010 and has remanded to judicial custody. 4. This Court had stayed the trial of S.C.No.321/2005 as against A2. Now A1 has been brought and remanded to judicial custody. The learned Magistrate shall expedite the committal proceedings as against A1 and commit the case to the Sessions Court which shall make over the case to the 1st Addl.Sessions Court for joint trial along with S.C.No.321/2005. This Writ Petition is disposed of as above. Dated this the 28th day of May, 2010. V. RAMKUMAR, JUDGE sj