IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 Crl.MC.No. 1774 of 2010() ------------------------- CP.16/1998 of JUDL.MAGISTRATE OF FIRST CLASS, MAVELIKKARA .................... PETITIONER(S): 4TH ACCUSED -------------------------- BINULAL, ANANDABHAVANAM VEEDU, AKKANATTUKARA MURI, THAZHAKKARA VILLAGE, MAVELIKARA. BY ADV. SRI.GEORGE VARGHESE(PERUMPALLIKUTTIYIL) SRI.A.R.DILEEP SRI.JAWAHAR HAMID RESPONDENT(S): STATE/COMPLAINANT -------------------------------- STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI.-31. PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 1774 of 2010 * * * * * * * * * * * * * * * * * * Dated: Ist day of June, 2010 ORDER The petitioner who is the sole accused in S.C. No. 163 of 2003 on the file of the Sessions Court, Alappuzha, seeks to quash the proceedings before the Court on the ground that no case is made out as against him in the final report and that the co-accused namely A2 and A3 have been tried and acquitted under Sec. 232 Cr.P.C. as per Annexure A3 judgment dated 3-3- 2003 on the file of the Addl. Sessions Judge , Fast Track (Adhoc I), Alappuzha . 2. Admittedly, the petitioner absconded during the trial of S.C. No. 118 of 1998. S.C. No. 163 of 2003 is the case which is registered after re-filing the case as against the petitioner. His remedy is to face trial before the Sessions Court, Alappuzha . In case, the petitioner surrenders before that Court and files an application for regular bail, the same shall be considered and disposed of preferably on the same date on which it is filed and the trial of the case shall be conducted in accordance with law. Crl.M.C. No. 1774 of 2010 -:2:- If a question of identity does not arise for consideration, the petitioner may apply for personal exemption during trial. In case, he files an application incorporating the necessary averments, the learned Sessions Judge shall pass appropriate orders in accordance with law. This Crl.M.C. is disposed of as above. V. RAMKUMAR, (JUDGE) ani.