IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN FRIDAY, THE 5TH FEBRUARY 2010 / 16TH MAGHA 1931 Crl.MC.No. 344 of 2010() ------------------------ S.C. 1310/2002 of Sessions Court, Kollam. C.P. 34/1999 OF JFCM, KOLLAM. L.P. 55/2004 OF JFCM, KOLLAM. PETITIONER(S): 2ND ACCUSED ------------------------------------------- BHADRAKUMAR, PARANKIMAMVILA VEEDU, EZHUKONE CHERRI, EZHUKONE VILLAGE. BY ADV. SRI.B.KRISHNA MANI RESPONDENT(S): COMPLAINANT ----------------------------------------------- 1. THE SUB INSPECTOR OF POLICE, KUNDARA POLICE STATION, KOLLAM DISTRICT. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 02/02/2010, THE COURT ON 05/02/2010 PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 344 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of February, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have all further proceedings in L.P. 55 of 2004 on the file of the Sessions Court, Kollam quashed. 2. Petitioner was the second accused in C.P. No.34 of 1999. Since the petitioner absconded, the case against him was split up and re-filed as C.P. 82 of 2001. Initially the case against the first accused alone was committed. That was numbered as S.C.1310 of 2002. After trial, the Sessions Court acquitted the first accused and the judgment is produced as Annexure II. 3. Petitioner would point out that he had not committed any act which should constitute an offence and he has been falsely implicated. In Annexure II, the Sessions Court found that there are no materials to prove the prosecution case and has also observed that Crl.M.C.344/2010. 2 there is nothing to show that the petitioner is one of the licencees. The allegation attributed to the first accused was also found against. 4. Petitioner points out that he was unable to appear before the court below due to reasons beyond his control and L.P.55 of 2004 is pending before the JFCM, Kollam. Earlier, the petitioner along with the third accused had approached this court by filing Crl.M.C. 1943 of 2008. That was disposed of by Annexure III order. Petitioner thereafter filed Crl.M.C. 5040 of 2008 seeking a discharge. That was also disposed of by Annexure IV order. Petitioner points out that he cannot be termed as an absconder in the true sense of the term and he apprehends that if he surrenders before the court below, he will be remanded. 5. It may be noticed that the petitioner has been evading law and warrant is pending against him. However, since he has expressed his willingness to surrender before the court below, it is felt that an opportunity should be given to him. Crl.M.C.344/2010. 3 Therefore, this petition is disposed of as follows: (i) In case the petitioner surrenders before the court concerned on or before 10.2.2010 and moves an application for regular bail, the learned Magistrate may consider on the same day itself in accordance with law provided notice is given to the Public Prosecutor. (ii) In case the petitioner moves the court below by filing an appropriate application seeking discharge relying on Annexure II judgment, that may be considered by the court below in accordance with law. (iii) Execution of the warrant against the petitioner may be kept in abeyance till 10.2.2010. P. BHAVADASAN, JUDGE sb.