IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 Crl.MC.No. 1730 of 2009() ------------------------- SC.25/2008 of ADDL.SESSIONS COURT (AD HOC)-III, MANJERI .................... PETITIONER / ACCUSED: ------------------ THAJUDHEEN, S/O.KUTTU, PARAMBIL HOUSE, KODAKKAL PO, THIRUNAVAYA,TIRUR. BY ADV. SRI.SUNNY MATHEW RESPONDENT/COMPLAINANT: ------------------------------------------- STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, TIRUR POLICE STATION REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: kkms/ M.SASIDHARAN NAMBIAR, J. ================== Crl.M.C. No. 1730 of 2009 ================== Dated this the 16th day of June, 2009. O R D E R This petition is filed under Section 482 of Code of Criminal Procedure contending that he is not the accused in S.C.No.25/2008 and the actual accused is another person and therefore petitioner cannot be tried in S.C.No.25/2008. It is contended that when petitioner was arrested and he moved for bail in C.C.No.444/2007, it was submitted by the prosecutor that he is also an accused in C.P.No.60/2007 pending before that court and under the bonafide belief that he is an accused he sought bail and bail was granted. Later on, it was understood that he is not the accused, but the real accused is one Thajudheen, S/o Muhammed Kutty, Hajiyarakath House, Ponnani Nagaram amsom and desom. This petition is filed under Section 482 apprehending that he will be proceeded against in the sessions case taken on file on committal of C.P.No.60/2007 to the Sessions Court. Crl.M.C.No.1730/2009 -2- 2. Learned Public Prosecutor, on instructions, submitted that though petitioner had obtained bail in C.P.No.60/2007 as an accused, he is not an accused in that case and Thajudeen, the real accused, appeared before the Court in S.C.No.25/2008 and is being tried by the Sessions Court, Fast Track-III, Manjeri and therefore petitioner need not have any apprehension of arrest. Recording the submission that petitioner is not an accused in S.C.No.25/2008 on the file of Sessions Court, Manjeri (Fast Track III), petition is disposed. M.SASIDHARAN NAMBIAR JUDGE dkr