IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 Crl.MC.No. 2849 of 2010() ------------------------- CRA.221/1996 of SESSIONS COURT, THRISSUR CC.32/1994 of JUDL. MAGISTRATE OF FIRST CLASS COURT, KODUNGALLUR .................... PETITIONER(S): 8TH ACCUSED -------------------------- SAJEEV,S/O.VIJAYAN,VAZHAPPILLY HOUSE, NATTIKA,CHAVAKKAD TALUK. BY ADV. SRI.P.A.CHANDRAN RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE,VALAPPAD POLICE STATION, THROUGH PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C. No. 2849 OF 2010 -------------------------------------- Dated this the 16th day of August, 2010 ORDER The earlier order dated 23.7.2010 in this Criminal M.C is recalled. 2. Petitioner, who was the 8th accused in Crime No.129/1993 of Valappad Police Station for offences punishable under Sections 143, 147, 148, 294(b), 452, 506(ii) and 427 read with 149 IPC and subsequently taken on file as C.C.No.32/1994 on the file of the J.F.C.M Court, Kodungallur was absconding in that case and the case against him was accordingly split up and refiled as C.C.No.261/1994. C.C.No.32/1994 eventually ended up in acquittal by the Sessions Court, Thrissur in Criminal Appeal No.221/1996 as evidenced by Annexure-IV judgment. Since the petitioner was absconding, the case against him was transferred to the long pending register as LPR No.22/1997. Admittedly, warrants of arrest are pending against the petitioner. The prayer of the petitioner is to quash Annexure-I LPR.No.22/1997 and all further proceedings before the J.F.C.M Court-I, Kodungallur. Crl.M.C. No. 2849 OF 2010 : 2 : 3. Merely because the co-accused have been acquitted after trial, the petitioner cannot seek quashing of the proceedings without a trial in a petition filed under Section 482 Cr.P.C (vide Moosa v. Sub Inspector of Police 2006 (1) KLT 552 FB). The remedy of the petitioner is to plead for a discharge after surrendering before the Magistrate. According to the petitioner, he was employed abroad and that was the reason why he was shown as absconding. The petitioner is presently available for trial. If the petitioner surrenders before the Magistrate and files an application for regular bail within two weeks from today, he shall be released on bail on appropriate conditions ensuring his presence for the trial. Thereafter, the petitioner may plead for a discharge in absentia by filing a petition through his counsel. In case the petitioner files an application for discharge through his counsel, the same shall be disposed of in accordance with law without insisting on the personal appearance of the petitioner. The petitioner will be entitled to highlight the fact that the co- accused in the case have been acquitted after trial. Reserving Crl.M.C. No. 2849 OF 2010 : 3 : the above right of the petitioner, this Criminal M.C is disposed of. V.RAMKUMAR, JUDGE dmb