IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 2ND AUGUST 2010 / 11TH SRAVANA 1932 Crl.MC.No. 3049 of 2010() -------------------------------------- CP.40/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, THAMARASSERY CRIME NO.168/09 OF KODUVALLY POLICE STATION. .................... PETITIONER(S): ACCUSED NO.2 -------------------------------------- SHAMEER, S/O.MUHAMMED, KOLOCHALIL HOUSE, ELETTIL AMSOM DESOM, NARIKKUNI, KOZHIKODE. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): ------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.3049 of 2010 ----------------------------------------- Dated this the 2nd day of August, 2010 ORDER The petitioner who is the second accused in Crime No.168 of 2009 of Koduvally Police Station for offences punishable under Sections 323, 324 & 308 read with Section 34 I.P.C. and now pending before the Judicial Magistrate of the First Class-I, Thamarassery as C.P.No.40/2009, seeks to quash Annexure-3 charge sheet. 2. Consequent on the absconding of the petitioner in C.P.No.22/2009, the case against him was split up and re-filed as C.P.No.40/2009. The main case is pending before the Sessions Court, Kozhikode. Non-bailable warrants of arrest are pending against the petitioner. According to the petitioner he was unable to appear before the Magistrate due to his employment abroad. This criminal M.C. is disposed of permitting the petitioner to surrender before the learned Magistrate and apply for regular bail. In case he makes such an application within two weeks the warrants if any pending against him Crl.M.C.No.3049/2010 : 2 : shall stand re-called and he shall be released on bail. Thereafter the learned Magistrate after complying with Section 207 Cr.P.C. commit the case to the Court of Session so that this case also can be tried along with case of the co-accused now pending before the Sessions Court. V.RAMKUMAR, JUDGE skj