IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 Crl.MC.No. 1518 of 2011() ------------------------------------ CRIME NO.125/2001 OF PANOOR POLICE STATION. ....... PETITIONER(S): IST ACCUSED -------------------------------------------- MADHUSOODHANAN P.,S/O.NARAYANAN, AGED 41 YEARS, RESIDING AT PATTAN HOUSE, MEDAVILODE, IRIVERI BY ADV. SRI.C.K.SREEJITH RESPONDENT(S): COMPLAINANT ------------------------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM 2. THE S.H.O.PANOOR POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.J.MOHAMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1518 of 2011 -------------------------------------- Dated this the 26th day of May, 2011. ORDER Petitioner is the first accused in Crime No.125 of 2001 of Panoor Police Station and L.P.C.No.91 of 2008 of the court of learned Additional Sessions Judge (Adhoc-III), Thalassery for offence punishable under Section 55(a) of the Abkari Act. The second accused faced trial in S.C.No.525 of 2003 and according to the petitioner, the second accused was acquitted on 26.08.2008. Petitioner requests to quash proceeding against him in the light of that acquittal. The copy of judgment in S.C.No.525 of 2003 is not produced. I have heard learned counsel for petitioner and the learned Public Prosecutor. I am not inclined to think that proceeding against petitioner has to be quashed merely based on the acquittal of second accused. Petitioner has to face trial. Learned counsel submits that non-bailable warrant is pending against the petitioner. It is also submitted that evidence against petitioner was recorded and that it is not necessary to have record further evidence. That is a matter which petitioner can urge before learned Additional Sessions Judge. 2. Having regard to the circumstances stated I am inclined to direct that the non-bailable warrant issued to the petitioner will stand in abeyance as stated hereunder. Crl.MC No.1518/2011 2 Resultantly this Criminal Miscellaneous Case is disposed of directing that warrant of arrest if any issued to the petitioner in L.P.C.No.91 of 2008 of the court of learned Additional Sessions Judge (Adhoc-III), Thalassery arising from Crime No.125 of 2001 of Panoor Police Station will stand in abeyance for a period of one month from this day or till petitioner appears before the learned Additional Sessions Judge and seeks regular bail/recall of warrant, whichever is earlier. If any application for bail/recall of warrant is preferred by petitioner learned Additional Sessions Judge shall dispose of the same having regard to the facts and circumstances of the case as early as possible, as provided under law. Learned Additional Sessions Judge shall also make every endeavour for an early disposal of the case. THOMAS P.JOSEPH, Judge. cks