IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 7TH APRIL 2011 / 17TH CHAITHRA 1933 Crl.MC.No. 1064 of 2011() ------------------------- SC.788/2007 and L.P.NO.15/2010 of II ADDL.ASSISTANT SESSIONS COURT, KOZHIKODE .................... PETITIONER(S): PETITIONER/IST ACCUSED ------------------------------------- THAZHATHEVEETTIL NOUSHAD,S/O.HASSAN, AGED 32 YEARS,RAHMATH MANZIL,THIKKODE PO, QUILANDY,KOZHIKODE DISTRICT. BY ADV. SRI.T.K.KUNHABDULLA RESPONDENT(S): --------------- STATE OF KERALA,REP.BY ASSISTANT COMMISSIONER OF POLICE NORTH,KOZHIKODE CITY. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.1064 of 2011 -------------------------------------- Dated this the 7th day of April, 2011. ORDER Petitioner is the first accused in S.C. No.788 of 2007 and L.P.No.15 of 2010 of the court of learned Additional Assistant Sessions Judge-II, Kozhikode. Annexure-2 is the charge sheet submitted by the Assistant Commissioner of Police (North), Kozhikode City alleging that petitioner and others committed offences punishable under Section 435 read with Section 34 of the Indian Penal Code (for short, “the IPC”) by setting fire to a bus belonging to the Tamil Nadu Road Transport Corporation at Kozhikode. Trial against other accused is proceeding in S.C.No.788 of 2007. Petitioner was not available since he was working abroad and thereon case against him was included in the Long Pending Register. It is contended that there is no material to show presence of petitioner at the place of occurrence or his involvement in the alleged incident. Hence it is prayed that proceeding against him may be quashed. I have heard learned counsel for petitioner and the learned Public Prosecutor. 2. The case was taken on file in the year 2007. Now after four years there is no reason why this Court should interfere, particularly when the case against other accused is in the course of trial, to quash proceeding against petitioner. Petitioner can surrender before the learned Additional Assistant Sessions Judge-II, Kozhikode and seek appropriate reliefs. However having Crl.MC No.1064/2011 2 regard to the circumstances stated by learned counsel I am inclined to give two weeks' time from this day to the petitioner to surrender before learned Additional Assistant Sessions Judge-II, Kozhikode. Resultantly this Criminal Miscellaneous Case is disposed of granting two weeks' time from this day to the petitioner to surrender before learned Additional Assistant Sessions Judge-II, Kozhikode and seek appropriate reliefs. Warrant of arrest issued to petitioner will stand in abeyance during the said period or till petitioner appears before the learned Additional Assistant Sessions Judge whichever is earlier on condition that petitioner will not, during the said period go beyond Kozhikode District. THOMAS P.JOSEPH, Judge. cks