IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 29TH AUGUST 2008 / 7TH BHADRA 1930 Crl.MC.No. 3300 of 2008() ------------------------- CC.1288/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER: ------------ LALJI, S/O. KUTTAPPAN, CIRCLE INSPECTOR OF POLICE, MATTANCHERRY POLICE STATION, COCHIN-2. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNKULAM. 2. K.T. JOSEPH, AGED 53 YEARS, S/O. K.V. THOMAS, KUZHIKKATTU HOUSE, 50/1172, YUVAJANA SAMAJAM ROAD, KADAVANTHARA, ERNAKULAM, KOCHI-20. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/08/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 3300 of 2008 ------------------------------------------------- Dated this the 29th day of August, 2008 ORDER The petitioner is the 3rd accused in a private complaint pending before the learned Additional Chief Judicial Magistrate, Ernakulam, as C.C.No.1288/08. The short prayer of the petitioner is that for identical reasons which are referred to in detail in the order dated 27/8/08 in Crl.M.C.No.3270/08 by which relief was granted in favour of the 1st accused in the same case, identical relief may be granted to the petitioner herein also. 2. I have adverted to the facts in detail in the said order dated 27/8/08 in Crl.M.C.No.3270/08. I am satisfied that the prayer in this petition can be allowed. This order must be read in continuation of the said order dated 27/8/08. Crl.M.C. No. 3300 of 2008 -: 2 :- 3. In the result: (a) This Crl.M.C. is allowed. (b) It is directed that the non-bailable warrant issued against the petitioner shall be withdrawn and the petitioner shall be permitted to appear through his counsel before the learned Additional Chief Judicial Magistrate until S.L.P.(Cri) No.5734/08 is disposed of by the Supreme Court. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 3300 of 2008 -: 3 :-