IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 17TH JUNE 2011 / 27TH JYAISHTA 1933 CRL.MC.NO. 1827 OF 2011() ------------------------- SC.425/2007 OF ADDL. SESSIONS COURT, THRISSUR .................... PETITIONER(S): PETITIONER ------------------------- PRADEEP,S/O.KRISHNAN, AGED 45 YEARS, KALARIKKAL HOUSE, CHEMANOORDESOM, ARTHAT VILLAGE, THRISSUR DISTRICT BY ADV. SRI.ANIL K.MOHAMMED RESPONDENT(S): --------------- 1. STATE REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA 2. BAIJU, S/O.KUMARAN, CHERUPARAMBIL HOUSE, CHEMMANOORDESOM,ARTHATTU VILLAGE, THALAPPILLY TALUK BY PUBLIC PROSECUTOR SHRI JAYASURYA R1 ADV. SRI.MANU TOM FOR R2 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: APPENDIX --------------- PETITIONER'S EXHIBITS: ---------------------------------- ANNEXURE A CERTIFIED COPY OF THE CHARGE SHEET IN S.C. NO.425 OF 2007 OF FIRST ADDITIONAL SESSIONS COURT, THRISSUR. ANNEXURE B TRUE COPY OF JUDGMENT DATED 5.5.2007 IN S.C. NO.142 OF 2004 OF FIRST ADDITIONAL ASSISTANT SESSIONS COURT, THRISSUR. ANNEXURE C ORIGINAL COPY OF AGREEMENT DATED 15.12.2010 EXECUTED BETWEEN SECOND RESPONDENT AND PETITIONER. ANNEXURE D TRUE COPY OF AFFIDAVIT DATED 17.3.2011 SWORN BY THE SECOND RESPONDENT. RESPONDENT'S EXHIBITS: ----------------------------------- NIL TRUE COPY THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.1827 of 2011 ==================================== Dated this the 17th day of June, 2011 O R D E R Petitioner is accused in Crime No.351 of 2000 of Kunnamkulam Police Station and S.C. No.425 of 2007 of the court of learned Additional Assistant Sessions Judge-I, Thrissur for offences punishable under Sections 143, 147, 148, 342, 324, 326 and 307 read with Section 149 of the Indian Penal Code. Though prayer in this petition is to quash proceedings against petitioner on the strength of a settlement learned counsel at the time of hearing requested that learned Additional Assistant Sessions Judge may be directed to dispose of the case expeditiously. I have heard learned Public Prosecutor also. 2. Case is of the year 2000 and it was taken on file in the court below in the year 2007. Having regard to the circumstances stated I am inclined to direct learned Additional Assistant Sessions Judge to dispose of the case as early as possible. Learned counsel submitted that petitioner is facing a non-bailable warrant and is ready to appear in the court below but is apprehensive of a remand. Since final report is filed and the matter is pending trial I do not think it necessary to have the custody of petitioner. I am CRL.M.C. No.1827 of 2011 -: 2 :- inclined to grant some relief to the petitioner so that he could appear before the learned Additional Assistant Sessions Judge and seek regular bail/recall warrant. Resultantly, Criminal Miscellaneous Case is disposed of in the following lines: (i) Learned Additional Assistant Sessions Judge-I, Thrissur is directed to dispose of S.C. No.425 of 2007 (if there is no legal impediment in doing so) as early as possible. (ii) Non-bailable warrant issued to the petitioner will remain in abeyance for a period of three weeks from this day or till petitioners appears before learned Additional Assistant Sessions Judge whichever is earlier. (iii) If petitioner prefers any application for bail/recall warrant learned Additional Assistant Sessions Judge shall dispose of the same having regard to the circumstances stated above. THOMAS P. JOSEPH, JUDGE. vsv