IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 11TH JULY 2011 / 20TH ASHADHA 1933 Crl.MC.No. 1906 of 2011() ------------------------------------- CRIME NO.236/07 OF CHITTUR POLICE STATION -------------- PETITIONER(S): ACCUSED NO.8 ----------------------------------------------- MUJEEB RAHMAN,S/O.SALEEM,PERUMTHENI STREET,PUDUNAGARAM,CHITTUR,PALAKKAD. BY ADV. SRI.SAJAN VARGHEESE K. SRI.LIJU. M.P RESPONDENT(S)/ COMPLAINANT ------------------------------------------------- STATE OF KERALA,REP.BY SUB INSPECTOR OF POLICE,CHITTUR POLICE STATION, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/07/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.1906/2011 APPENDIX PETITIONER'S EXHIBITS: ANNEX A: COPY OF THE CHARGE SHEET IN CRIME NO.236/07 OF CHITTUR POLICE STATION. ANNEX B: COPY OF THE JUDGMENT DATED 03/11/10. ANNEX C: COPY OF THE FI STATEMENT RECORDED IN CRIME NO.236/07 OF CHITTUR POLICE STATION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - Crl.M.C. No. 1906 of 2011 - - - - - - - - - - - - - - - - Dated this the 11th day of July, 2011. O R D E R Heard the learned counsel for the petitioner. 2. The petitioner, who is the 8th accused in Crime No. 236 of 2007 of Chittur Police Station for offences punishable under Sections 143, 147, 148, 341, 324, 326 and 308 r/w Section 149 I.P.C., has filed this application to quash the complaint against the petitioner on that ground that some of the co-accused persons have been convicted and some others have been acquitted of the offence. The petitioner states that the de facto complainant and the injured persons who have been examined in the aforesaid case, has not implicated the petitioner. I am not inclined to quash the complaint at this stage. It is open to the petitioner to raise all the relevant points before the trial court by filing appropriate application. Due to the non appearance of the petitioner, the case was split up and non bailable warrant of arrest is pending against the petitioner. If the petitioner surrenders before the learned Magistrate on or before 25th of B.A. No. 1906/2011 -:2:- this month and files an application for bail, the learned Magistrate shall do well to release the petitioner on bail on such terms and conditions which he deems fit. This Crl.M.C. is disposed of as above. sd/- B.P. RAY, JUDGE. rv