IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 30TH JUNE 2010 / 9TH ASHADHA 1932 Crl.MC.No. 2388 of 2010() ------------------------- SC.94/2010 of I ADDL.SESSIONS COURT, ERNAKULAM .................... PETITIONER: ACCUSED ---------------------- ANILKUMAR @ ANNIYAPPAN, S/O. PARABHAKARAN, PUTHIYEDATH VEEDU, KOTTAYIL KOVILAKAM KARA, CHENDAMANGALAM. BY ADV. SRI.GEORGE SEBASTIAN RESPONDENTS: STATE & INJURED ------------------------------ 1. STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. RAJAN,S/O.VELAAYUDHAN, THAREPARAMBIL, THEKKUMPURAM KARA,CHENDAMANGALAM VILLAGE. 3. ANANDAN, S/O.SUBRHMANYIAN, PARACKAL HOUSE, KOTTAYIL KOVILAKAM KARA, CHENDAMANGALAM VILLAGE. 4. PRASAD, S/O.ARAVINDAN, PALLATHIPARAMBIL, PALATHURUTHI KARA, CHENDAMANGALAM VILLAGE. 5. SUDHEESH, S/O. BALAKRISHNAN, KANNETHU HOUSE, MUNDURUTHI KARA, CHENDAMANGALAM VILLAGE. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2388 of 2010 -------------------------------------- Dated this the 30th day of June, 2010 ORDER Petitioner, who was the absconding accused in S.C.35/2006 on the file of the Additional Sessions Court, Ernakulam and presently the accused in S.C.No.94 of 2010 of Additional Sessions Court, Ernakulam, seeks a direction to the trial court to consider the evidence adduced in S.C.No.35/2006 as per which it had acquitted the co-accused in the very same case. 2. The only course open to the petitioner is to seek for a discharge in S.C.No.94/2010. He cannot get a direction to consider the evidence in S.C.No.35/2006 in which the petitioner did not face trial, in the light of Moosa Vs. Sub Inspector of Police 2006(1)KLT 552. Accordingly, the petitioner may seek a discharge in case the charge has not already been framed in S.C.No.94/2010. Reserving the above right of the petitioner, this Criminal M.C. is disposed of. V.RAMKUMAR, JUDGE skj