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. 4529 of 2010() -------------------------------------- SC.NO.232/2010 OF SESSIONS COURT, THALASSERY, KANNUR ...... (CRIME NO.101/2006 OF IRIKKUR POLICE STATION) .... PETITIONER(S): ACCUSED: ------------------------------------------ M.NOUSHAD, S/O.SADULI, AGED 30 YEARS, MAVILOTH PUTHIYAPURAYIL, SIDDIQUE NAGAR, IRIKKUR. BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT: --------------------------------------------------- 1. THE STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE S.H.O., IRIKKUR POLICE STATION, KANNUR DIST., REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 3. MR.T.C.SHIHABUDHEEN @ SHIHAB THANGAL, IRIKKUR AMSOM, DESOM, P.O.IRIKKUR, KANNUR DISTRICT - 670 593. R1 & R2 BY PUBLIC PROSECUTOR SRI. P.A. SALIM 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.4529 OF 2010 =========================== Dated this the 15th day of November,2010 ORDER Petitioner was the second accused in S.C.312/2008 on the file of Additional Sessions Court, Thalassery. As petitioner was absconding, the case against him was split up and accused 4 and 5 were tried. By Annxure A1 judgment accused 4 and 5 were acquitted. The case against the first accused was not committed to the Sessions Court. Petition is filed under section 482 of Code of Criminal Procedure for a direction to the Sessions court to accept the affidavit of the defacto complainant on the date of surrender of the petitioner and acquit him and also to direct the Sessions Judge to grant bail on the date of surrender. 2. Learned counsel appearing for the Crl.M.C.4529/2010 2 petitioner and learned Public Prosecutor were heard. 3. Though by Annexure A1 judgment accused 4 and 5 were acquitted, based on the judgment acquitting the co accused case against petitioner one of the absconding accused cannot be quashed. So also no direction could be issued to the Sessions Judge to accept the affidavit of the de facto complaint and acquit the accused, as it will be illegal. 4. If petitioners surrenders and files an application for bail, it is for the Additional Sessions Judge to consider the application without delay and pass appropriate orders in accordance with law. Petitioner is entitled to raise all the contentions before the Assistant Sessions Judge. Petition is disposed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006