IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 26TH JULY 2010 / 4TH SRAVANA 1932 Crl.MC.No. 2916 of 2010() ------------------------- CRIME NO.132/2009 OF ADHUR POLICE STATION PETITIONER(S)/ACCUSED: ----------------------- T.H.YOOSUF ELIAS ASHRAF, S/O.MOHAMMED, PUZHAKKARA, KASARGODE TALUK, AND DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT(S)/COMPLAINANT/STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY S.H.O.ADHUR POLICE STATION, KASARGOD DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SMT.SMITHA SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ------------------------------- Crl.M.C.NO.2916 OF 2010 () ----------------------------------- Dated this the 26th day of July, 2010 O R D E R Petitioner is one among the accused in Crime No.132 of 1999 of Adhur Police Station and presently facing trial before the Addl. Sessions Court, Kasaragod. In the above case, which is numbered as S.C.No.33 of 2003 on the file of that court, he is being prosecuted for offences punishable under Sections 143, 147, 148, 341, 324, 307 read with Section 149 of the Indian Penal Code. Trial against some of the co-accused in the above crime had ended in their acquittal by judgment dated 23.12.2004 in S.C.No.729 of 2000, is highlighted by the petitioner to seek directions/orders to the court below to consider his plea of discharge as under Section 227 of the Cr.P.C before proceeding with the trial of the case. He remained at large when the trial against the other co-accused proceeded, which ultimately ended in their acquittal. All the witnesses examined in the case, in the trial against the co-accused, had disowned the prosecution CRL.M.C.2916/10 2 version and there was no material whatsoever to connect any of the accused with the offences imputed, is the submission of the learned counsel for the petitioner to claim the relief canvassed in the present petition. 2. The learned Public Prosecutor submitted that it is open to the petitioner to advance his plea of discharge before the Sessions Court, but, it can be entertained only after he surrenders before the court. It appears that the petitioner still remains at large and has not entered appearance before the court. Petitioner on his surrender/appearance before the court, can seek for discharge placing whatever materials available to claim such a relief. Whether or not a plea of discharge is specifically canvassed by the petitioner, the Sessions Court is expected to examine the materials to consider whether any worthwhile purpose would be served in continuing with the prosecution of the accused in the backdrop that the trial against the co-accused had ended in their acquittal as all the witnesses having turned hostile to the prosecution case. The court below shall consider the question of discharge with reference to CRL.M.C.2916/10 3 Moosa v. Sub Inspector of Police (2006 (1) KLT 552 (FB)) rendered by this Court. Subject to the above direction, this petition is closed. S.S.SATHEESACHANDRAN JUDGE prp CRL.M.C.2916/10 4