IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 19TH JULY 2010 / 28TH ASHADHA 1932 Crl.MC.No. 2735 of 2010() ------------------------- (CRIME NO.181/2002 OF PALAKKAD TOWN SOUTH POLICE STATION) PETITIONER: ACCUSED NO.1 --------------------------- MANIKANDAN, S/O.SOMASUNDARAM, AGED 38 YRS, VISWANATHA BHAVAN, KUNNATHURMEDU,PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT: STATE AND COMPLAINANT ------------------------------------ STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM (REPRESENTING THE SUB INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, IN CRIME NO.181/2002. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. --------------------------------- Crl.M.C.No.2735 of 2010 ---------------------------------- Dated this the 19th day of July, 2010 ORDER Petitioner who is the second accused in Crime No.181 of 2002 of Palakkad Town South Police Station for an offence punishable under Section 406 read with Section 34 of I.P.C. and now pending before the Chief Judicial Magistrate, Palakkad as C.C.No.136/2008 seeks to quash without a trial the entire proceedings against him mainly on the ground that the first accused in the case has been acquitted after trial as per Annexure-B judgment dated 15/10/2008 in C.C.No.58/2005. 2. In the light of the decision of the Full Bench in Moosa Vs. Sub Inspector of Police 2006(1)KLT 552 it is not permissible for this Court to grant the prayer of the petitioner without a trial mainly for the reason that the first accused in the case has been acquitted after trial. That apart, the trial of C.C.No.136/2008 has already started. If so, the remedy of the petitioner is to stand the trial. In case the Crl.M.C.No.2735/2010 : 2 : petitioner files an application through his counsel for personal exemption during trial the learned Magistrate shall consider the same favourably notwithstanding the pendancy of non-bailable warrants against the petitioner. Reserving the above right of the petitioner this Criminal M.C. is disposed of. V.RAMKUMAR, JUDGE skj