IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN MONDAY, THE 30TH MARCH 2009 / 9TH CHAITHRA 1931 Crl.MC.No. 1051 of 2009 --------------------------------- (CRIME NO.117/02 OF POONTHURA POLICE STATION) .................... PETITIONER/ IST ACCUSED: ----------------------------------------- PRASANNAN, S/O.CHAKRAPANI, 'PRATHIKARANAM', KOLATHUKARA DESOM, ATTIPRA VILLAGE, THIRUVANANTHAPURAM. BY ADV. MR.G.SUDHEER (KARAKONAM). RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/03/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1051 OF 2009 = = = = = = = = = = = = = = = Dated this the 30th day of March, 2009. O R D E R This petition is filed with a prayer to quash Annexure-A proceedings. The petitioner is an absconding accused in FIR 117/02 of the Poonhura Police Station. It is registered as C.P.10/03. Now the contention of the present petitioner is that he is not the chief promoter and therefore he is not liable to be proceeded with. I had been taken through Annexure-C order. Annexure-C order only succeeds in creating more confusion rather than clarity. At one place it is stated that one G. Madhu is the Secretary of the Thiruvananthapuram Taluk Kalluchehtu Vyavasaya Co- operative Society who is authorised to sign in stead of Sri.Prasannan subject to the confirmation of the Excise Commissioner. In the last paragraph it may appear that somebody else namely Ramanan is placed instead of Sri.G.Madhu. What are the whole transactions and how the legal liability is fixed are all matters which would depend Crl.M.C. 1051 OF 2009 -:2:- upon the clear factual analysis of the materials and of course if this person is not responsible he can plead for discharge at appropriate time. Therefore at this stage Annexure-C order is not sufficient for him to quash the proceedings and therefore I dismiss the Crl.M.C. with opportunity to the petitioner to move for discharge at appropriate time. 2. If the petitioner surrenders and move for bail I direct the learned Magistrate to consider and dispose it of as expeditiously as possible. 3. The factual materials placed before may also be considered at the time of the bail application though he is an absconding accused. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-