IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 20TH OCTOBER 2011 / 28TH ASWINA 1933 Crl.MC.No. 3589 of 2011 ---------------------------------- [ LP.CASE NO.37/2010 OF CHIEF JUDICIAL MAGISTRATE COURT, MANJERI] .................... PETITIONER/ACCUSED: ---------------------------------- JIMMI JOSEPH @ BIJU,S/O.JOSEPH, CHEMBAKASSERI HOUSE,PULLIPADAM, MAMPAD, MALAPPURAM DISTRICT. BY ADVS. SRI.BABU S. NAIR, SMT.SMITHA BABU. RESPONDENT/STATE: -------------------------------- THE STATE OF KERALA,REPRESENTED BY THE SUB INSPECTOR OF POLICE,MANJERI POLICE STATION,THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM,KOCHI-31. BY PUBLIC PROSECUTOR SRI. RAJESH VIJAYAN. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/10/2011, ALONG WITH CRL.M.C. NO.3588/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Prv. N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C. No. 3589, 3577, 3587 3588 & 3578 of 2011 ------------------------------------------ Dated this the 20th day of October, 2011. O R D E R Petitioner is the first accused in CC.40/06 of CJM, Manjeri. He is also the first accused in CC.174/2010 of JFCM – I, Manjeri. He is the accused in CC.402/05 of JFCM, Mannarkkad and the accused in CC.49/06 of JFCM – I, Thalassery. He is also the accused in Crime No.173/2004 of Majeri Police Station which is now pending in CJM Court, Manjeri as LP Case No.37/10. The petitioner who is the accused in these cases contend that all the cases pending before the trial court may be ordered to be disposed of expeditiously. It is stated that the petitioner has not even surrendered before the court in CC.402/05 which is the subject matter of 3587/2011. He is absconding in some other cases also. The cases before the court below are at different stages, in some of the cases the accused has not appeared before that court. In some of the cases, there are Crl.M.C. No. 3589, 3577, 3587 2 3588 & 3578 of 2011 other accused persons who are to appear. Since the cases are pending before different courts, all those cases cannot be disposed of within any time frame. Those cases cannot be directed to be taken-up in one court. The incidents happened at different points of time. The offences are also different. The contention that all these cases are to be disposed of expeditiously, is opposed by the learned Public Prosecutor pointing out that the witnesses to be examined in each cases are different and also because, the cases are at different stages. As all these cases are not pending before one court no specific direction fixing time frame also cannot be issued. It is important that the accused is involved in cases of theft, burglary etc. The learned Public Prosecutor submits that petitioner is a habitual offender. The very fact that he did not appear in spite of the fact that non-bailable warrant was issued against him will speak volumes. He wanted to evade the process of the court. Now he comes forth with the petition stating that all these Crl.M.C. No. 3589, 3577, 3587 3 3588 & 3578 of 2011 cases are to be disposed of expeditiously. When he has not even appeared in any of these case, I find no merit in the request made by the petitioner. Hence All these petitions are dismissed. N.K. BALAKRISHNAN, JUDGE smvd