IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 17TH SEPTEMBER 2009 / 26TH BHADRA 1931 Crl.MC.No. 3034 of 2009 ---------------------------------- [SC.NO.275/2003 OF ADDL. SESSIONS COURT (FAST TRACK COURT NO.II), THRISSUR, CC.249/2003 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THRISSUR] .................... PETITIONER/ 3RD ACCUSED/1ST ACCUSED IN SPLIT UP CASE C.C.NO.249/2003: ------------------------------------------------------------------------------------------------------------------- IQBAL, AGED 31 YEARS, S/O.KOCHU MOHAMMED, POKKANILLATH HOUSE, THILIKKULAM VILLAGE, THRISSUR TALUK, THRISSUR DISTRICT. BY ADV. MR.C.D.DILEEP. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. S.I.OF POLICE, ANTHIKKAD POLICE STATION, THRISSUR DISTRICT. R1 & R2 BY PUBLIC PROSECUTOR MR. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3034 OF 2009 ------------------------------------------ Dated 17th September 2009 O R D E R Petitioner is the third accused in C.C.249/2003 on the file of Judicial First Class Magistrate-II, Thrissur. Petitioner had earlier filed Crl.M.C.72/2006 to quash the proceedings. Under Annexure-B order, the petition was dismissed but petitioner was granted two weeks time to surrender and apply for bail. Petitioner did not surrender. This petition is filed for granting two weeks time to appear before the Magistrate as provided under Annexure-B order. Argument of the learned counsel is that petitioner was not in India and he came back only yesterday and therefore, two weeks time be granted. I find no reason to grant time as sought for. While dismissing Crl.M.C.72/2006 this court granted two weeks time to surrender before the Magistrate, so that petitioner will not be arrested within that period. Petitioner did not avail that benefit. He is not entitled to CRMC 3034/09 2 seek two weeks further time to appear before the Magistrate. Petition is dismissed. M.SASIDHARAN NAMBIAR, JUDGE. uj.