IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 8TH FEBRUARY 2010 / 19TH MAGHA 1931 Crl.MC.No. 407 of 2010() (CRIME NO.217/08 OF VETTILAPPARA POLICE STATION) ------------------------ PETITIONER(S): 6TH ACCUSED -------------------------- SHAJI M.S., MANAPPURATH HOUSE, VADAKKEKARA, NORTH PARUR, ERNAKULAM DISTRICT. BY ADV. SRI.A.HAROON RASHEED RESPONDENT(S): STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, VETTILAPPARA POLICE STATION, THRISSUR DISTRICT. MR.P A SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.407 of 2010 ------------------------------------- Dated 8th February 2010 Order This is a petition, filed under S.482 of the Code of Criminal Procedure, praying for a direction to the JFCM Court, Chalakudy to consider the bail application to be filed by the petitioner in connection with Crime No.217/08 of Vettilappara Police Station. 2. The petitioner is the 6th accused in the above said crime, for having committed the offence punishable under S.399 IPC. The allegation against him is that he, along with his companions, had a vehicle hired and conspired to commit dacoity on a businessman, who travelled from Bangalore to Kerala. The petitioner asserts that he is innocent and he has been falsely implicated in the case. 3. The petitioner submits that he was unaware of the fact that he was also implicated as an accused in the CRMC 407/10 2 above crime. Only when the police came to his house, he came to know that he has also been arrayed as an accused in the crime. Upon enquiry, he came to know that committal proceedings in connection with the above said crime are pending before the Judicial First Class Magistrate's Court, Chalakudy and that he is shown as an absconding person in the said case. The petitioner submits that he has not received any summons in the case and he had no information about the pendency of the case before the JFCM Court, Chalakudy. 4. All these are matters, which the petitioner has to urge before the Court below and he has to appraise the Court of the true state of affairs. Accordingly, the petitioner is directed to surrender before the JFCM Court, Chalakudy and in case he files an application for bail after giving notice to the learned Public Prosecutor, the same shall be considered and disposed of by the Court below in CRMC 407/10 3 accordance with law, on the very same day itself. The Petition is disposed of as above. P.BHAVADASAN, JUDGE sta CRMC 407/10 4