IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 3RD JANUARY 2008 / 13TH POUSHA 1929 Crl.MC.No. 31 of 2008() ----------------------- CC.310/2006 of JUDL. MAGISTRATE OF FIRST CLASS-I, KOCHI .................... PETITIONER: ------------ CHANDRA GHOSH, AGED 41, S/O. BAHULEYAN, RESIDING AT ANCHALASSERY HOUSE, NARAKKAL, ERNAKULAM DISTRICT. BY ADV. SRI.K.C.ELDHO RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. 2. SUB INSPECTOR OF POLICE, NARAKKAL POLICE STATION. BY ADV. SRI. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 03/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 31 of 2008 ========================== Dated this the 3rd day of January, 2008. ORDER The petitioner, who was the 13th accused in crime No. 115/2003 of Narakal Police Station for offences punishable under Sections 143, 147, 447, 427, 341 r/w Section 149 IPC with regard to an occurrence that took place on 12.04.2003 and who has been absconding, seeks a direction to the JFCM-I, Kochi (where the case against him is pending as C.C. No. 310/2006) to release him on bail and to expedite the trial in the said case. According to the petitioner, the co-accused in the very same case have been acquitted after trial as per Annexure A2 judgment and the petitioner who was employed abroad was unable to face the trial along with the co-accused. Merely for the reason that the co-accused have been acquitted after trial, the petitioner cannot seek to quash the proceedings in view of the decision reported in Moosa v. Sub Inspector of Police [2006(1) KLT 552]. Hence the only direction which is called for is to direct the Magistrate to consider the bail application of the petitioner and to expedite the CRL. M..C NO. 31/2008 : 2 : trial in C.C. No. 310/2006. This Crl. M.C. is disposed of permitting the petitioner to surrender before the Magistrate and file an application for regular bail within two weeks from today. If the petitioner complies with the above condition, his bail application shall be considered and disposed of by the Magistrate preferably on the same day on which it is filed after taking into account the explanation offered by the petitioner for his previous non-appearance and also the fact that the co-accused have been acquitted after trial. The trial of C.C. No. 310/2006 shall also be expedited by the Magistrate. Until such disposal of the bail application, the warrant, if any, pending against the petitioner shall not be executed. V. RAMKUMAR, JUDGE. rv CRL. M..C NO. 31/2008 : 3 :