IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 3RD NOVEMBER 2011 / 12TH KARTHIKA 1933 Crl.MC.No. 3742 of 2011() -------------------------------------- C.C.17/2002 OF CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY NOW PENDING AS LPC.20/2002 of CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY CRIME NO.147/1998 OF CHAKKARAKAL POLICE STATION, KANNUR DIST. .................... PETITIONER/ACCUSED ---------------------------------- MOHAMMED SYED, @ MUHAMMED SAHEED VANNATHAN, S/O.C.V. IBRAHIM (PKC IBRAHIM) ZEENATH MAHAL, MUNDYAD, KANNUR DISTRICT. BY ADV. SRI.C.K.SREEJITH RESPONDENTS/COMPLAINANT ---------------------------------------------- 1. THE S.H.O., CHAKKARAKAL POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR SMT.S. HYMA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 3742 of 2011 APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE A1: COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE CHIEF MINISTER. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.S. TO JUDGE rs N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3742 of 2011 ---------------------------------------------------- Dated this the 3rd day of November, 2011 Order The petitioner is the accused in Crime No.147 of 1998 of Chakkarakal Police Station. It was pending before the CJM Court, Thalassery as CC No.17 of 2002. Some of the accused faced trial. This accused was absconding. Hence, the case against him was transferred to the register of L.P.cases and it is now pending before the CJM Court, Thalassery as LPC No.20 of 2002. The copy of the charge sheet is not produced before the court. In the petition, it is stated that the offences alleged against the petitioner are under Sections 143, 147, 148 and 427 read with 149 IPC. In the absence of any document, namely, the charge sheet, FIR etc., it is not possible to say whether there is any non- bailable offence also. 2. The learned counsel for the petitioner submits that the petitioner was abroad and so he could not appear before the court below. That also cannot be accepted in view of the fact that the main case of the year 2002. He must have certainly come to Crl.M.C.3742/11 2 the native place during these period of nine years. However, if the accused surrenders before the court below within a week, his bail application will be considered by the learned CJM taking note of all those aspects and will try to dispose of the application as expeditiously as possible. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3742/11 3