IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 22ND SEPTEMBER 2011 / 31ST BHADRA 1933 Crl.MC.No. 3191 of 2011 -------------------------------- CRIME NO.284 /2011 of CHELAKKARA POLICE STATION .................... PETITIONER/1ST ACCUSED: BADUSHA, S/O.CHEKKUTTY, KUNDUPARAMBIL HOUSE, CHELAKKARA, TRICHUR DISTRICT. BY ADV. SRI.P.K.ANIL RESPONDENTS/DEFACTO COMPLAINANT/STATE: 1. CIRCLE INSPECTOR OF POLICE, CHELAKKARA, TRICHUR DISTRICT-680 634. 2. SUB INSPECTOR OF POLICE, CHELAKKARA-680 634. 3. STATE REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 4. P.K.SIDHIK, PARANAYIO HOUSE, IRAMALLOOR P.O., KOTHAMANGALAM, ERNAKULAM DISTRICT. BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA FOR R1-3 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/09/2011 ALONG WITH CRMC NO.3192 OF 2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX IN CRMC 3191/2011 ANNEXURE-I TRUE COPY OF THE FIR ANNEXURE-II TRUE COPY OF ORDER IN CRMC 3115/11 OF THIS COURT /TRUE COPY/ N.K.Balakrishnan, J. ------------------------------------------- Crl.M.C.Nos.3191 & 3192 of 2011 ------------------------------------------- Dated this the 22nd day of September, 2011 ORDER Petitioner is the first accused in Crime Nos.282/2011 and 222/2011 of Chelakkara Police Station. These crimes were registered under Sections 406 and 420 read with Section 34 of Indian Penal Code and also under Sections 3, 4 and 5 of Prize Chits & Money circulation Schemes (Banning) Act, 1978. 2. Learned counsel for the petitioner submits that since petitioner is the accused not only in these two crimes but in two others crimes also, these cases may be treated as one as the allegations are common and the ingredients to be proved in the case are also the same. But, no such direction can be issued by this Court now, since the grievance of the complainant may be different, the cause of action may be different and the witnesses to be examined in each of the cases may be different. The question whether charge can be clubbed under Section 219 of Code of Criminal Procedure or not can be considered by the Magistrate if such a request is made, provided, the request is allowable. CRMC 3191&3192/2011 2 3. The next grievance voiced by the petitioner is that he was in remand for one day in another case and therefore, he may not be remanded in other cases. Whether petitioner should be granted bail or remanded falls within the absolute discretion of the Magistrate. Petitioner can address all such arguments before the learned Magistrate at the appropriate stage. These petitions are disposed of as stated above. (N.K.Balakrishnan, Judge) tkv