IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 15TH NOVEMBER 2010 / 24TH KARTHIKA 1932 Crl.MC.No. 4198 of 2010() --------------------------------------- (SC NO.788/2007 OF IIND ADDL.ASST.SESSIONS COURT, KOZHIKODE) ....... (CRIME NO.584/2002 OF NADAKKAVU POLICE STATION,KOZHIKODE DIST.) ......... PETITIONER(S): IST ACCUSED: ----------------------------------------------- NOUSHAD, S/O.HASSAN, AGED 31 YEARS, RAHMATH MANZIL, THIKKODI.P.O., PERUMALPURAM, BEACH ROAD, TRIKKOTTU AMSOM & DESOM, KOZHIKODE. BY ADV. SRI.VINODKUMAR RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE ASST.COMMISSIONER OF POLICE, NORTH, KOZHIKODE CITY. (IN CRIME NO.584 OF 2002 OF NADAKKAVU POLICE STATION), REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.K.SURESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO. 4198 2010 --------------------------------------------- Dated 15th November, 2010 O R D E R Petitioner, the first accused in S.C.788/2007 on the file of Second Additional Assistant Sessions Court, Kozhikode, taken cognizance for the offence under Section 435 read with Section 34 of Indian Penal Code and Section 3(2)(e) of P.D.P.P Act, filed this petition under Section 482 of Code of Criminal Procedure to quash the proceedings contending that there is no material to prove commission of offence and therefore, even if petitioner is to be tried, there is no likelihood of a successful prosecution. 2. Learned counsel appearing for the petitioner and learned Public Crmc 4198/10 2 Prosecutor were heard. 3. Argument of the learned counsel is that after Annexure-B order granting bail, a test identification parade was conducted and none of the witnesses identified the petitioner and in such circumstances, there is no likelihood of a successful prosecution. 4. Learned Public Prosecutor submitted that the petitioner has originally absconded and after he appeared and was released on bail, he absconded again and even now, the case is pending in the long pending register. 5. On hearing the learned counsel, I find no reason to quash the proceedings as sought for. Petitioner is entitled to raise all the contentions raised herein before the learned Sessions Judge and seek an order of Crmc 4198/10 3 discharge under Section 227 of Code of Criminal Procedure. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.