IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 20TH JANUARY 2009 / 30TH POUSHA 1930 Crl.MC.No. 271 of 2009() ------------------------ LP.52/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, CHENGANNUR CRIME NO.63/03 OF CHENGANNUR POLICE STATION .................... PETITIONER(S): ACCUSED ---------------------- JOSHUA VARGHESE, MANNIL KIZHAKKETHIL, ELAKALLOOR.P.O,KONNI, PATHANAMTHITTA.NOW WORKING AT MALL OF ARABIA,MAINTENANCE DEPARTMENT, JEDDAH, SAUDI ARABIA. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.271 of 2009 ------------------------------------- Dated this the 20th day of January, 2009 ORDER Petitioner faces indictment as the 8th accused in a prosecution for offences punishable, inter alia, under Section 308 r/w 149 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Committal Proceedings were registered. All other accused, it is submitted at the Bar, had entered appearance before the learned Magistrate. The petitioner is employed abroad and therefore he could not appear before the learned Magistrate. Consequently the case against the petitioner has been split up and transferred to the list of Long Pending Cases. The case against the co- accused has been committed to the Court of Session. The matter is now pending before the Assistant Sessions Court. 2. At this juncture, the petitioner has come before this Court. Coercive processes have been issued against him. The petitioner is employed abroad. The petitioner prays that the powers under Section 482 Cr.P.C may be invoked to quash the prosecution against him. 3. What is the ground ? The learned counsel for the petitioner contends that the petitioner was not named in the Crl.M.C. No.271 of 2009 2 F.I.R. It is only in the course of investigation that the petitioner was arrayed as an accused. Counsel further submits that the allegations raised in the final report do not reveal any specific personal allegations against the petitioner. Allegations have been raised in an omnibus manner that the petitioner was a member of an unlawful assembly and that the accused persons “prathikal” had indulged in culpable overt acts. In these circumstances it is prayed that the prosecution against the petitioner may be quashed. 4. The learned counsel for the petitioner further submits that the petitioner is willing to surrender before the learned Magistrate and seek regular bail. He has to come on leave. At least 45 days' further time is required to the petitioner to apply before the learned Magistrate and seek regular bail. At any rate, appropriate directions may be issued to enable the petitioner to appear before the learned Magistrate and seek regular bail. 5. I have considered all the relevant circumstances. I am not persuaded to agree that there are any compelling reasons which can justify or warrant invocation of the extraordinary inherent jurisdiction available to this Court under Section 482 Cr.P.C to quash the prosecution against the petitioner. It is for Crl.M.C. No.271 of 2009 3 the petitioner to appear before the learned Magistrate and take part in the proceedings. Of course, he can claim discharge under Section 227/228 Cr.P.C at the appropriate time. 6. I find merit in that prayer of the petitioner that he may be given reasonable time to appear before the learned Magistrate and take part in the proceedings. I am satisfied that a direction can be issued that the petitioner must surrender before the learned Magistrate and seek regular bail on or before 10.03.2009. Till that date, coercive processes issued against the petitioner shall not be executed. If the petitioner surrenders before the learned Magistrate and seeks regular bail after giving sufficient prior notice to the Prosecutor in charge of the case, the learned Magistrate must proceed to pass appropriate orders on merits, in accordance with law and expeditiously - on the date of surrender itself. 7. This Crl.M.C is, in these circumstances, dismissed, but with the above observations. 8. Hand over a copy of this order to the learned counsel for the petitioner for production before the court below. (R.BASANT, JUDGE) rtr/-