IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 24TH AUGUST 2009 / 2ND BHADRA 1931 Crl.MC.No. 2691 of 2009() ------------------------------------ CRIME NO.241/2000 OF MUSEUM POLICE STATION, THIRUVANANTHAPURAM. .................... PETITIONER: ------------------ SANOOJ. S, S/O.P.J. STEPHEN,PUTHENVILA PUTHEN VEEDU,CHETTIKUNNU, KUMARAPURAM.P.O, THIRUVANANTHAPURAM. BY ADV. MR.R.ANIL RESPONDENTS/STATE -------------------------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. 2. STATION HOUSE OFFICER, MUSEUM POLICE STATION, THIRUVANANTHAPURAM. R1 & R2 BY PUBLIC PROSECUTOR MR.S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs. M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2691 of 2009 -------------------------- ORDER This petition is filed under Section 482 of Code of Criminal Procedure contending that petitioner is not an accused in C.C.No.1278/2001 on the file of Judicial First Class Magistrate's Court-III, Thiruvananthapuram and he apprehends that he will be arrested in L.P.No.81/2006, which is C.C.No.1278/2001 transferred to the Register of long pending cases as the accused were absconding. 2. Learned counsel appearing for the petitioner and learned Public prosecutor were heard. 3. Case of the petitioner is that as seen from Annexure-A4 final report, learned Magistrate took cognizance of the offences under Sections 341 and 324 read with Section 34 of Indian Penal Code as against the two accused, S.P.Ani @ K.S.Ani and Saji, S/o Titanium Stephen and based on the final report Crime No.241/2000 of Museum Police Station CRMC 2691/09 2 was registered and at the investigation stage, apprehending that he is an accused in that case, he filed Crl.M.C.No.366/2005 before this Court and under Annexure-A1 order dated 8.2.2005, as it was represented by the Public Prosecutor that petitioner is not made an accused in Crime No. 241/2000 and he is not required in connection with that case, this Court held that no further orders are necessary and in case police want to array the petitioner as an accused, they shall file a report before the competent Magistrate and petitioner should be arrested only after getting permission from the court and no petition was filed thereafter before the Magistrate and therefore, petitioner cannot be arrested in the long pending case of C.C.No.1278/2001. Learned counsel also submitted that as is clear from Annexure-A5, copy of the order sheet of C.C.No.1278/2001, cognizance of that case was taken as early as on 27.2.2002, much earlier to Annexure-A1 order and therefore, CRMC 2691/09 3 petitioner cannot be proceeded with in L.P.No. 81/2006. 4. If petitioner is not an accused in C.C.No. 1278/2001, which is the case taken cognizance on the final report submitted in Crime No.241/2000, I find no reason why petitioner apprehends arrest in C.C.No.1278/2001 or in L.P.No.81/2006.If petitioner has any apprehension that he is being proceeded as one of the accused in C.C.No.1278/2001, he is at liberty to approach the learned Magistrate to declare that he is not an accused in that case. If such a petition is filed, learned Magistrate to decide whether petitioner is the accused or not in C.C.No.1278/2001, pending as L.P.No.81/2006. Petition is disposed. 24th August, 2009 (M.Sasidharan Nambiar, Judge) tkv