IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 11TH JANUARY 2011 / 21ST POUSHA 1932 Crl.MC.No. 5007 of 2010() ------------------------- CC.66/2008 of CHIEF JUDICIAL MAGISTRATE COURT, KOZHIKODE .................... PETITIONER/ACCUSED: ---------------------- SREEKUMAR.C.K,NEAR ANNUR POST OFFICE, (VIA)PAYYANNUR,KANNUR-670 307. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS/COMPLAINANT AND STATE: -------------------------- 1. T.P.IBRAHIMKUTTY,S/O.K.V.NOORUDHEEN, GEENVILLA,ARAKINAR,KOZHIKODE-28. 2. SUB INSPECTOR OF POLICE,KASABA POLICE STATION,KOZHIKODE. 3. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR: ADV. SRI. K J MOHAMMED ANSARI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.5007 of 2010 --------------------------------------- Dated this 11th day of January, 2011 ORDER Petitioner is accused No.3 in C.C.No.66 of 2008 of the court of learned Chief Judicial Magistrate, Kozhikode facing trial for offences punishable under Secs.403, 406, 463, 464, 465, 468, 471, 420 r/w 34 of the Penal Code. Case is that accused No.1 induced the de facto complainant that he is conducting a share trading business through SS Kanthilal Easwar Lal Securities Private Limited and induced de facto complainant to pay money for the said purpose and thereby committed offences. It is the further case of prosecution that petitioner is also involved in the said incident. It is contended by learned counsel for petitioner that even the de facto complainant has no case against petitioner as revealed from the private complaint he has filed. It is pointed out that even if the allegations made by prosecution are taken as a whole, that would not disclose any offence as alleged against petitioner. 2. That, in the complaint petitioner is not cited as an eo nominee accused is not by itself sufficient to hold that allegations against him are false or that there is no case made out against Crl.M.C.No.5007 of 2010 -: 2 :- him. Police after investigation submitted final report implicating petitioner also. Petitioner appeared in the court below and was released on bail. Later he went to abroad. Now he wants to come to his native place. He apprehends arrest. Hence this petition is filed under Sec. 482 of the Code of Criminal Procedure. Learned counsel request that petitioner may be permitted to plead for discharge through counsel and until then the non bailable warrant may be kept in abeyance. I am inclined to accept the later plea. Resultantly this criminal miscellaneous case is disposed of permitting petitioner to appear through counsel in the court below and plead for discharge . The non bailable warrant and other coercive steps issued against petitioner will stand in abeyance until learned Chief Judicial Magistrate took decision on the plea of discharge faced by the petitioner. Petitioner, through counsel shall file appropriate application for discharge within three weeks from this day. (THOMAS P JOSEPH, JUDGE) Sbna/- Crl.M.C.No.5007 of 2010 -: 3 :-