IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 11TH JUNE 2010 / 21ST JYAISTHA 1932 Crl.MC.No. 1088 of 2010() ------------------------- LPC.34/2004 of JUDL. MAGISTRATE OF FIRST CLASS-II, HOSDRUG .................... PETITIONER(S): ACCUSED ------------------------------------------ MUHAMMED B. S/O.BEERAN, RESIDING AT CHOORITHADUKKA BABRANA, KUMBALA,KASARAGOD TALUK,KASARAGOD DISTRICT. BY ADV. SRI.SOJAN MICHEAL SMT.DHANYA P.ASHOKAN RESPONDENT(S): COMPLAINANT ------------------------------------------------------ STATE OF KERALA, (S.I.OF POLICE) VELLARIKUNDU POLICE STATION, REPRESENTED BY ITS PUBLIC PROSECUTOR HIGH COURT OF KERALA,ERNAKULAM PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = = Crl.M.C..No.1088 of 2010 = = = = = = = = = = = = = = Dated this the 11 th day of June, 2010 ORDER Petitioner, who is the accused in Crime No.135/2000 of Vellarikundu Police Station for an offence punishable under Section 55(a) of the Abkari Act and now pending before the J.F.C.M-II, Hosdurg as L.P.C.No.34/2004, seeks to quash the FIR and all further proceedings on the ground that the petitioner is not the real accused involved in the case and the real accused is one Kalendar as borne out by Annexure 3 final report. 2. The petitioner can profitably raise all these contentions at the stage of framing charge. Since he has been absconding and the case against him has been transferred to the Long Pending Register with repeated warrants, his remedy is to first surrender before the learned Magistrate and seek bail. Thereafter he can plead for a discharge by raising the contentions now raised. Accordingly, if the petitioner surrenders before the J.F.C.M-II, Hosdurg within two weeks and files an application for regular bail, his bail application shall be Crl. M.C. No. 1088 of 2010 2 considered and disposed of on merits preferably on the same date on which it is filed, bearing in mind the decision in Sukumari v. State of Kerala - 2001 (1) KLT 22. Dated this the 11th day of June, 2010. V. RAMKUMAR, JUDGE sj