IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 5TH APRIL 2011 / 15TH CHAITHRA 1933 Crl.MC.No. 4336 of 2010() ------------------------- SC.928/2001 of ADDL.SESSIONS COURT (ADHOC)-IV, TRIVANDRUM .................... (CRIME NO.202/1997 OF VATTAPPARA POLICE STATION, THIRUVANANTHAPURAM) ..................... PETITIONER(S): ACCUSED: ----------------------------------------- AMBILI @ SATHEESH KUMAR,AGED 36 YEARS, S/O.APPUKUTTAN NAIR, KUNNIL VEEDU, NEDUMANMURIYIL, VATTAPPARA VILLAGE, THIRUVANANTHAPURAM. BY ADV. SRI.S.RAJEEV RESPONDENT(S): COMPLAINANT: -------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM (CRIME NO.202/1997 OF VATTAPPARA POLICE STATION,THIRUVANANTHAPURAM.) BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 05/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.4336 of 2010 -------------------------------------- Dated this the 5th day of April, 2011. ORDER Petitioner is accused No.19 in Crime No.202 of 1997 of Vattappara Police Station and S.C.No.253 of 2009 of the court of learned Additional Sessions Judge, Fast Track Court (Adhoc) No.IV, Thiruvananthapuram for offences punishable under Sections 143, 144, 147, 148, 149, 447, 452, 323, 324, 427, 120B and 307 read with Section 149 of the Indian Penal Code, Section 27 of the Arms Act and Sections 3 and 5 of the Explosives Substances Act. Petitioner seeks to quash proceeding against him in the light of Annexure-1, judgment acquitting other accused under Section 235(1) of the Code of Criminal Procedure. 2. At the time of hearing learned counsel submitted that petitioner may be granted time to surrender before the learned Additional Sessions Judge and that the non-bailable warrant issued against him may be kept pending for that purpose. Petitioner has an apprehension that he may be remanded to judicial custody if he appears before learned Additional Sessions Judge. 3. Since final report has already filed and the case is pending before the learned Additional Sessions Judge I do not find any necessity for custody of petitioner so that, petitioner is to be remanded. But that ultimately is a matter Crl.MC No.4336/2010 2 which the court below has to decide. Having regard to the circumstances of the case I am inclined to give petitioner three weeks time from this day to appear before the learned Additional Sessions Judge and seek regular bail. Resultantly this Criminal Miscellaneous Case is disposed of granting three weeks time from this day to the petitioner to appear before learned Additional Sessions Judge, Fast Track Court (Adhoc) No.IV, Thiruvananthapuram and seek regular bail and for recall of warrant. It is open to the petitioner to give copy of the applications he intends to prefer, in advance to the Law Officer in charge of conduct of the case. Warrant of arrest issued to the petitioner will stand in abeyance during the said period or till petitioner appears before the learned Additional Sessions Judge whichever is earlier. On such appearance learned Additional Sessions Judge shall consider the applications above referred if presented by petitioner having regard to the facts of the case and pass appropriate orders as early as possible. THOMAS P.JOSEPH, Judge. cks