IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 17TH MARCH 2008 / 27TH PHALGUNA 1929 Crl.MC.No. 1048 of 2008() ------------------------- SC.30/2008 of III ADDL.ASSISTANT SESSIONS COURT, ERNAKULAM .................... PETITIONER: ACCUSED NO.1 ------------------------ MANU, AGED 29, S/O.KRISHNANKUTTY THURUTHIKKATTIL VEETTIL, KULAYATTIKKARA AMBALLOOR VILLAGE. BY ADV. SRI.C.P.UDAYABHANU RESPONDENTS: CW1 & COMPLAINANT ------------------------------ 1. GOPI, AGED 47, S/O.THEVAN KOTTAYIL HOUSE, KULAYATTIKKARA, ARAYANKAVU. 2. STATE OF KERALA REPRESENTED BY THE S.I. OF POLICEL MULAMTHURUTHY (CRIME NO.40/2005), REPRESETNED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl. M.C. No. 1048 of 2008 * * * * * * * * * * * * * * * * * * Dated: 17-3-2008 ORDER The petitioner who is the first accused in S.C. 193 of 2006 on the file of the III Addl. Assistant Sessions court, Ernakulam and whose case has been split up and re-filed as S.C. 30 of 2008 for offences punishable under Sections 341 and 308 read with Sec. 34 I.P.C. seeks to quash the final report and all further proceedings on the ground that the matter has been settled between him and the de facto complainant and also on the ground that the co-accused in the case has been acquitted after trial in S.C. 193 of 2006. 2. Admittedly, no charge has been framed in S.C. 30 of 2008 and, therefore, the only course open to the petitioner is to plead for a discharge on the ground that the matter has been settled between the parties and that co-accused has been acquitted in S.C. 193 of 2006. In case, the petitioner surrenders before the III Addl. Assistant Sessions Court and files an application for regular bail within two weeks from today, he shall Crl.M.C. No. 1048 of 2008 -:2:- be released on bail on appropriate conditions. In the meanwhile he shall also plead for a discharge in absentia and his application in that behalf shall be considered and disposed of without insisting on his personal appearance. Crl.M.C. is disposed of as above. V. RAMKUMAR, JUDGE ani/