IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 Crl.MC.No. 3961 of 2011() ------------------------- CC.2212/2009 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER/ ACCUSED ------------------- JIJO, AGED 25, S/O.ANTONY, THATTAKATHUTH HOUSE, POYYA P.O., POYYA VILLAGE, MALA, THRISSUR DISTRICT. BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN HARIHARAN RESPONDENTS/ STATE & COMPLAINANT ---------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031. 2. SUB INSPECTOR OF POLICE, TOWN NORTH POLICE STATION, ERNAKULAM-682018. R1 & R2 BY PUBLIC PROSCUTOR SRI. RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: dlk Crl.MC.No. 3961 of 2011() APPENDIX PETITIONER'S EXHIBITS ANNEXURE I: COPY OF THE FIRST INFORMATION REPORT ISSUED BY THE 2ND RESPONDENT. ANNEXURE II: COPY OF THE ORDER DATED 15-3-2003 MADE IN CRMC NO 388/2003 MADE BY THE SESSIONS COURT, ERNAKULAM GRANTING BAIL TO THE PETITIONER. ANNEXURE III: COPY OF THE ORDER DATED 20-10-2004 MADE IN CRMC 2494/2004. RESPONDENTS' EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE dlk N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3961 of 2011 ---------------------------------------------------- Dated this the 19th day of November, 2011 Order The petitioner was the third accused in CC No.1478 of 2003 on the file of JFCM Court-II, Ernakulam. The other two accused were stated to have been convicted by the learned Magistrate for the offence under Section 379 IPC. The learned counsel for the petitioner submits that this petitioner was earlier granted bail and thereafter he went abroad seeking employment. He did not receive summons and so he could not appear in court earlier. Now, he is ready to surrender before the learned Magistrate. It is seen that the case was filed in the year 2003. Now 8 years have elapsed. It is not known whether during all these years he was working abroad. The learned counsel submits that so far as this petitioner is concerned, there is no allegation of theft. He was conducting a workshop where the car stated to have been stolen by the other accused was brought for repair. The learned counsel submits that the petitioner will surrender his passport so that the court can ensure his presence for the trial of the case. Hence, if Crl.M.C.3961/2011 2 the petitioner surrenders before the learned Magistrate within two weeks from today and convinces the court as to the reason for his non-appearance earlier, the learned Magistrate will dispose of his bail application as expeditiously as possible. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3961/2011 3