IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 16TH DECEMBER 2011 / 25TH AGRAHAYANA 1933 Crl.MC.No. 4331 of 2011() ------------------------- CC.322/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT CHALAKUDY .................... PETITIONER(S): ACCUSED A2 ------------------------- SHIBU,S/O.CHAKKALAMATTATH OUSEPPU, AGED 33 YEARS,ANNALLUR.P.O,THRISSUR. BY ADV. SRI.KRISHNA PRASAD. S RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM REPRESENTING S.I.OF POLICE,CHALAKKUDY POLICE STATION(CRIME NO.357 OF 2004 CHALAKKUDY POLICE STATION). BY PUBLIC PROSECUTOR SMT.JASMINE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4331 OF 2011 ------------------------------------------ Dated this the 16th day of December, 2011 O R D E R The petitioner was the 2nd accused in C.C. No:1179/2004. The offences alleged against the petitioner and other accused were under sections 332 and 294(b) r/w 34 IPC. Altogether there were four accused. These accused were absconding. Hence, the case against him was split up and re-filed as C.C. No:322/2008. 2. The learned counsel for the petitioner submits that the accused did not appear before the Court, because, as he got employment abroad, he had to leave the country. It is further submitted by the learned counsel that the petitioner, when he came down from gulf in 2010 he was unaware of the proceedings pending before the Court and so he could not surrender before the Court. Now only he came to know that a warrant is pending against him. He intends to surrender before the learned Magistrate. The learned Crl. M.C. No: 4331 OF 2011 -2- counsel submits that the other accused were acquitted by the learned Magistrate for want of evidence. 3. Considering all the aspects, the petitioner will surrender before the Court within two weeks from today. The accused can apprise the learned Magistrate of the reasons for his non appearance earlier and all other aspects. The learned Magistrate will dispose of his bail application as expeditiously as possible. N.K. BALAKRISHNAN, JUDGE jjj