IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 2ND DECEMBER 2011 / 11TH AGRAHAYANA 1933 Crl.MC.No. 4112 of 2011() ------------------------------------- CRIME NO.8/2006 OF ANDROTH POLICE STATION, LAKSHADWEEP ----------------------- PETITIONER(S)/ACCUSED (A11) ----------------------------------------------- UBAIDULLA, AGE 32 YEARS, S/O.SAYED AHMED KOYA THANGAL, KOMALAM, PURADOM, ANDROTH, LAKSHADWEEP. BY ADV. SRI.S.RAJEEV SRI.K.K.DHEERENDRAKRISHNAN RESPONDENT(S): STATE --------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM(CRIME NO.8/2006 OF ANDROTH POLICE STATION, LAKSHADWEEP BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/12/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts N.K.BALAKRISHNAN, J. -------------------------------- Crl.M.C. No.4112 of 2011 ----------------------------------- Dated this the 2nd day of December 2011 O R D E R Petitioner was the 11th accused in Crime No.8/2006 of Androth Police Station. The crime was registered alleging offences punishable under Secs.341, 324, 326 and 307 r/w 34 IPC. The charge sheet was laid against this petitioner. The accused was absconding. The case against some of the accused were committed to the court of Sessions and that case – S.C.No.1/2008 was disposed of by the learned Sessions Judge. It is submitted by the learned counsel that some of the accused were acquitted and others were convicted for the offence punishable under Sec.326 IPC. This petitioner was absconding through out. The case against him was split up and refiled as L.P.No.3/2007 which is now pending before J.F.C.M.Court, Androth Island. 2. Learned counsel for the petitioner submits that Crl.M.C. No.4112 of 2011 -: 2 :- there was no willful negligence or laches on the part of the petitioner but he could not appear as he was employed in Merchant Navy and thereafter he went to London to study a particular course. Why petitioner did not appear in court for the last four years is a matter to be gone into by the learned Magistrate. The learned counsel for the petitioner submits that hereafter the petitioner will appear before the court on all the posting dates till the case is finally disposed of and that he will not leave the jurisdiction of J.F.C.M. or the Sessions Court, Kawarathy/ Lakshadweep. It is also submitted that petitioner is ready to surrender before the learned Magistrate within two weeks from today. Learned counsel further submits that as the petitioner was employed, if he is detained, it will affect his future carrier. That also will be sympathetically considered by the court. If the petitioner convinces the learned Magistrate as to the reasons for his absence, the learned Magistrate will dispose of his bail application at the earliest based on the materials Crl.M.C. No.4112 of 2011 -: 3 :- that may be furnished before the court. This Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. Jvt