IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN WEDNESDAY, THE 19TH OCTOBER 2011 / 27TH ASWINA 1933 Crl.MC.No. 2344 OF 2006() ------------------------- AGAINST THE ORDER IN CMP.1944/2006 IN CC.903/2002 OF JUDL.MAGISTRATE OF FIRST CLASS-I, KANJIRAPPALLY .................... PETITIONER: ACCUSED ---------------------- ANILKUMAR M.G., SENIOR ASSISTANT, ELECTRICAL CIRCLE, KOTTAYAM, RESIDING AT MADUKKAKUZHIL HOUSE, KAPPAD P.O., KANJIRAPPALLY. BY ADV. SRI.DILIP MOHAN SRI ANILKUMAR M.G. (PARTY) RESPONDENTS: STATE AND DEFACTO COMPLAINANT -------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, KANJIRAPPALLY POLICE STATION. PUBLIC PROSECUTOR SRI. P. RAHIM. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 19/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. 2344/2006 APPENDIX ANNEXURES: ANNEXURE 1 TRUE COPY OF THE COMPLAINT FILED BY THE ASST. EXECUTIVE ENGINEER BEFORE THE 2ND RESPONDENT. ANNEXURE II TRUE COPY OF THE CHARGE SHEET IN C.C. 903/2002 ON THE FILE OF JFCM NO.1, KANJIRAPPALLY. ANNEXURE III A TRUE COPY OF THE PETITION FILED UNDER 219 CR.P.C. NUMBERED AS CMP 1944/2006. ANNEXURE IV A TRUE COPY OF THE ORDER DATED 27.6.2006 IN CMP 1944/2006. // TRUE COPY // P.S. TO JUDGE. KNC/- P.S. GOPINATHAN, J. = = = = = = = = = = = CRL.M.C. NO. 2344 OF 2006 = = = = = = = = = = = = = DATED THIS, THE 19TH DAY OF OCTOBER, 2011. O R D E R This is a petition under Section 482 of the Code of Criminal Procedure, assailing an order dated 27.6.2006 issued by the Judicial Magistrate of the First Class – I, Kanjirappally, in C.C. 903 of 2002, whereby the request of the petitioner, who is an accused, to split up the charge was declined. Having gone through the order impugned as well as the charge sheet submitted by the prosecution, it is seen that the petitioner was prosecuted for offences under Section 409, 466, 468, 471 and 477(A) IPC for the misappropriation committed by him within a period of twelve months while he was working as Senior Assistant in the Kerala State Electricity Board at its Kanjirappally office. Going by the charge sheet and the order impugned, I find no error, illegality or impropriety in clubbing the charges together. There is little chance for any prejudice being caused to the petitioner. On the other hand, clubbing of charges would benefit the petitioner. Otherwise he has to undergo separate trial. The request of the CRL. M.C. 2344/2006 2 petitioner to split up the charge sheet is misconceived, which is rightly denied by the learned Magistrate. Order impugned is noway vitiated. There is no merit in the Crl. M.C. It is dismissed. P.S. GOPINATHAN, (JUDGE) knc/-