IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 9TH JULY 2010 / 18TH ASHADHA 1932 Crl.MC.No. 2571 of 2010() ------------------------- SC.1453/2005 of ASSISTANT SESSIONS COURT, KOTTARAKKARA CP.95/2004 of JUDL.MAGISTRATE OF FIRST CLASS-III, PUNALUR .................... PETITIONERS/ACCUSED 1 TO 3: --------------- 1. SAKKEER HUSSAIN, S/O.LATE MUHAMMED HANEEFA, KANIYAM PADIKKAL PUTHEN VEEDU, PUNALOOR, PATHANAPURAM, KOLLAM DISTRICT. 2. SHAJAHAN @ SHAJI, S/O.MUHAMMED HANEEFA, KANIYAM PADIKKAL PUTHEN VEEDU, PUNALOOR, PATHANAPURAM, KOLLAM DISTRICT. 3. AKBER, S/O.MUHAMMED HANEEFA, KANIYAM PADIKKAL PUTHEN VEEDU PUNALOOR, PATHANAPURAM, KOLLAM DISTRICT. BY ADV. SMT.CAROLIN SINDHU VAZ SRI.P.JINISH PAUL SMT.S.SEEJA RESPONDENT: --------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.C.S.HRITHIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2571 of 2010 -------------------------------------- Dated this the 9th day of July, 2010 ORDER Petitioners who are accused Nos.1 to 3 in Crime No.416/2003 of Pathanapuram Police Station for offences punishable under Sections 143, 147, 148, 452, 323 & 308 read with Section 149 I.P.C., seek to quash Annexure-I charge sheet against the petitioners. 2. Since the petitioners were absconding in S.C.No.1453/2005 on the file of the Assistant Sessions Court, Kottarakara the case against them were split up and re-filed. The case was transferred to long pending case. The case is now pending before the J.F.C.M-III, Punalur as C.P.No.19/2005. The other accused in the case have been acquitted after trial in S.C.No.1453/2005. 3. In the light of the decision of the full bench in Moosa Vs. Sub Inspector of Police 2006(1)KLT 552 the charge sheet cannot be quashed without a trial merely for the reason the co-accused have been acquitted after trial. The remedy of the petitioners is to surrender before the committal court and seek bail and thereafter plead for discharge in case Crl.M.C.No.2571/2010 : 2 : the case is committed to the Sessions Court. Accordingly if the petitioners surrender before the J.F.C.M-III, Punalur within two weeks from today and file an application for regular bail the learned Magistrate shall release the petitioners on bail on appropriate conditions ensuring their presence before the Sessions Court after committal. The learned Magistrate shall entertain the bail application notwithstanding the pendency of non-bailable warrants against the petitioners. In the event of committal of the case the petitioners will be at liberty to plead for a discharge in absentia by filing a petition through their counsel before the Sessions Court. Reserving the above right of the petitioners this criminal M.C. is dismissed. V.RAMKUMAR, JUDGE skj