IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 14TH FEBRUARY 2008 / 25TH MAGHA 1929 Crl.MC.No. 598 of 2008() ------------------------ LPC.4/2001 of ASSISTANT SESSIONS COURT, PAYYANNUR PETITIONER: ACCUSED NO.36 ------------------------- K.V.ABDUL SALAM, S/O.SULAIMAN, MUTTOM, P.O.VENGARA, KANNUR DISTRICT. BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: RESPONDENT ----------------------- STATE OF KERALA, REPRESENTED 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 14/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 598 of 2008 * * * * * * * * * * * * * * * * * * Dated: 14-02-2008 ORDER Petitioner who is the 36th accused in Crime No. 296 of 1995 of Pazhayangadi Police Station for offences punishable under Sections 143, 147, 148, 353 and 307 read with Sec. 149 I.P.C. and whose case is presently pending before the Assistant Sessions Court ,Payyannur as LPC No. 4 of 2001 seeks an expeditious disposal of the said case. The petitioner is stated to be on bail pursuant to the direction in Crl.M.C.Nos. 4341 and 4342 of 2003 dated 26-07-2007 issued by this Court. 2. The only course open to the petitioner is to surrender before the trial court and seek a discharge on the ground that co-accused in the case was acquitted after trial. Accordingly, if the petitioner surrenders before the trial court within three weeks from today and files and application for discharge on the ground that the co-accused in the case was acquitted after trial, the learned Magistrate shall consider and dispose of the said petition as expeditiously as possible. Sd/-V. RAMKUMAR, (JUDGE) /true copy/ ani ani.