IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 3RD AUGUST 2009 / 12TH SRAVANA 1931 Crl.MC.No. 2763 of 2006() ------------------------- CC.1131/2004 of JUDL. MAGISTRATE OF FIRST CLASS COURT,CHALAKUDY .................... PETITIONERS: 5TH ACCUSED -------------------------- FRANCIS, AGED 47 YEARS, S/O.DEVASSY, RESIDING AT CHERIYAPATTA PARAMBIL HOUSE, THURUTHIPURAM.P.O., ERNAKULAM DISTRICT. BY ADV. SRI.M.V.THAMBAN SRI.SREEKANTH.K.R RESPONDENTS: STATE AND COMPLAINANT ------------------------------------ 1. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. 2. THE SUB-INSPECTOR OF POLICE, MALA POLICE STATION, THRISSUR DISTRICT. BY PUBLIC PROSECUTOR SRI.PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 03/08/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ORDER ON CRL.M.APPLI.NO.4923/06 IN CRL.M.C.NO.2763/06 DISMISSED Sd/- 3.8.2009 (C.T.RAVIKUMAR, JUDGE) C.T. RAVIKUMAR, JJ. --------------------------------------------- CRL.M.C. NO.2763 2006 --------------------------------------------- Dated this the 3rd day of August, 2009 ORDER The petitioner, the 5th accused in Crime No.167/04 of Mala Police Station which is now pending before the Judicial First Class Court, Chalakudy as C.C.No.1131/04, is the husband of the sister-in-law of the defacto-complainant. The above crime has been registered against him and the other accused persons alleging commission of offence under Section 498A, 506 and 34 of the I.P.C. 2. Manifold contentions have been raised by the petitioner to assail Annexure-II complaint which led to the registration of the aforesaid crime. According to him, for the last 7 years he had been in Oman and during those times he had visited Kerala only twice. Further, it is contended that no specific allegations have been made against him in Annexure-II complaint. He is only the husband of the sister-in-law of the defacto-complainant and they have been residing far away from the house of the defacto-complainant. In short, the contention of the petitioner is that no specific allegations have been raised against him so as to prosecute him for commission of offences under Section 498A, 506 and 34 of the I.P.C. Crl.M.C. NO.2763 of 2006 2 3. The petitioner cannot be heard to say anything on the merits of the case in view of his conduct in absconding after suffering an adverse order in B.A.No.5531/06 in respect of the very same Crime viz., Crime No.167/04 of Mala Police Station In that case, by order dated 19.8.2006, this court directed him to surrender before the Judicial First Class Magistrate Court, Chalakudy on 29.9.2006. Admittedly, he did not comply with the said direction therein. That was the case wherein he approached this court for an anticipatory bail under Section 438 of the Act. 4. According to the petitioner certain allegations were raised against him in para 9 of Annexure-II complaint and they did not constitute any offence alleged against him. I do not propose to go into those allegations in this Crl.M.C as the trial court after considering the said allegations arrived at a conclusion that there exists ground to proceed further with the case. However, the factum of his absconding without surrendering before the trial court pursuant to the direction of this Court in B.A.No.5531/06 cannot preclude him from raising a plea for discharge before the trial court if the stage at which it could be legally raised has not crossed by now. The Crl.M.C is disposed of accordingly. (C.T.RAVIKUMAR) JUDGE spc Crl.M.C. NO.2763 of 2006 3