IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 6TH OCTOBER 2010 / 14TH ASWINA 1932 Crl.MC.No. 4084 of 2010() ------------------------ ( CC.936/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, KOLLAM ) .................... PETITIONER: --------------- SIJIl, S/O.SURENDRAN, AGED 24 YEARS, LEKSHMI, KADACKODU P.O., EZHUKONE. BY ADV. SRI.V.JAYAPRADEEP RESPONDENT: --------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.4084 OF 2010 --------------------------------------------- Dated 6th October, 2010 O R D E R Third accused who was absconding when the other two accused were tried by Judicial First Class Magistrate’s Court-II, Kollam in C.C.28/2006 filed this petition under Section 482 of Code of Criminal Procedure to quash the case which was split up and pending before the learned Magistrate as C.C.936/2009, contending that in the light of Annexure-B judgment, even if petitioner is to be tried, there is no likelihood of a successful prosecution. As held by the Full Bench of this Court, in Moosa v. Sub Inspector of Police (2006(1) KLT 552) based on a judgment acquitting the co-accused, an absconding accused is not Crmc 4084/10 2 entitled to get the case against him quashed. Petition is dismissed. Petitioner is at liberty to raise all the contentions before the learned Magistrate. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.