IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 Crl.MC.No. 603 of 2009() ------------------------ SC.267/2004 of ASSISTANT SESSIONS COURT, PAYYANNUR .................... PETITIONER(S): ACCUSED ---------------------- K.ABOOBACKER, S/O.KATHEEM, AGED 38 YEARS, KANATHUM CHALIL HOUSE, GULF EMPLOYED, KOYYAM P.O., CHENGALAYI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. BY ADV. SRI.V.A.SATHEESH RESPONDENT(S): COMPLAINANT -------------------------- 1.THE STATION HOUSE OFFICER, SREEKANDAPURAM POLICE STATION, KANNUR DT. REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM. 2. K.K.RATHNAKARAN, S/O.NARAYANAN, AGED 45 YEARS, BANK EMPLOYEE, KOYADAN KORTH HOUSE, PARAKKADY, CHENGALAYI AMSOM, TALIPARAMBA TALUK, KANNUR DISTRICT. ADV. SRI.V.T.MADHAVANUNNI FOR R2 BY PUBLIC PROSECUTOR SRI. SALIM P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. NO. 603 of 2009 * * * * * * * * * * * * * * * * * * Dated: 9th February, 2009 ORDER Petitioner who is the 3rd accused in Crime No. 34 of 1997 of Sreekandapuram Police Station for offences punishable under Sections 143, 147 and 148 read with Sec. 149 I.P.C. and Sections 3 and 4 of the Explosive Substances Act, 1908, seeks to quash S.C. No. 267 of 2003 pending against him before the Assistant Sessions Court, Payyannur on the ground that the offences have been compounded with the de facto complainant and that the co-accused in the case have been acquitted after trial in S.C. No. 692 of 2001 before the very same Assistant Sessions Court. 2. The petitioner was evidently absconding and he cannot contend that the offences have been compounded, particularly, with regard to those punishable under Sections 3 and 5 of the Explosive Substances Act, 1908 which are non-compoundable offences. The petitioner may surrender before the Assistant Sessions court, Payyannur and plead for a discharge. Reserving this right of the petitioner, this Crl. M.C. is dismissed. Dated this the 9th day of February, 2009. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani.