IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 21ST DECEMBER 2011 / 30TH AGRAHAYANA 1933 Crl.MC.No. 4397 of 2011() ------------------------- SC.750/2006 of III ADDL.SESSIONS COURT, KOLLAM .................... PETITIONER(S): 3RD ACCUSED: --------------------------- SAJAYAN, S/O.MOHANAN, KANDATHIL VEEDU, AYANIVELIKULANGARA VILLAGE KARUNAGAPPALLY, KOLLAM DISTRICT. BY ADVS. SRI.B.MOHANLAL SRI.T.PRASAD RESPONDENT(S): COMPLAINANT: --------------------------- STATE OF KERALA REPRESENTED BY THE SUB INSPECTOR OF POLICE, KARUNGAPALLY POLICE STATION, KOLLAM DISTRICT THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. NOUSHAD THOTTATHIL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4397 of 2011() APPENDIX PETITIONERS ANNEXURES ANNX 1: COPY OF THE FINAL REPORT IN CRIME NO:746/2004 OF KARUNAGAPPALLY POLICE STATION IN KOLLAM DISTRICT RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4397 OF 2011 ------------------------------------------ Dated this the 21st day of December, 2011 O R D E R The petitioner is the third accused in Crime No:746/2004 of Karunagappally Police Station, Kollam. It was registered alleging commission of offences under sections 143, 147, 148, 341, 294(b), 324, 326 and 308 r/w 149 IPC and Section 27 of Arms Act. 2. Altogether there were six accused in that crime. After conducting investigation, charge sheet was laid against them. It is submitted that the case against A1, A2 and A4 to A6 has already been committed to the Court of Sessions and it is now pending before III Additional Sessions Judge, Kollam, as S.C. No:750/2006. Crl. M.C. No: 4397 OF 2011 -2- 3. The learned counsel for the petitioner submits that the aforesaid Sessions case is now posted for trial (examination of witnesses) on 5.1.2012. The petitioner was absconding and hence the case against him is pending before Court. The number of the split up case is not furnished by the petitioner. The request made by the petitioner is that if the petitioner surrenders before the learned Magistrate, the case against him may also be committed to the Court of Sessions. 4. If the accused surrenders at the earliest, the learned Magistrate, after complying with the procedure will commit the case to the Court of Sessions. The case will then be made over to the III Additional Sessions Judge where S.C. No:750/2006 is pending. That Court will follow the procedure prescribed and frame the charge as against the accused. It is made clear that no direction is made by Crl. M.C. No: 4397 OF 2011 -3- this Court as to whether the petitioner is to be granted bail or not. The offences alleged are under sections 326 and 308 IPC also. It is for the petitioner to apprise the learned Magistrate of the reasons for his absence. The Magistrate will pass appropriate orders on the bail application that may be filed by the accused. N.K. BALAKRISHNAN, JUDGE jjj