IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY FRIDAY, THE 15TH JULY 2011 / 24TH ASHADHA 1933 Crl.MC.No. 2156 of 2011() ------------------------------- CC.333/2007 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT, PATTAMBI .................... PETITIONER(S): ACCUSED ------------------------------- V.M.NAZAR, S/O. UNNEENKUTTY, VELUTHEDATH MANNIL HOUSE, VILAYOOR, KOORACHIPADI, PALAKKAD DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT -------------------------------------- STATE OF KERALA, THROUGH THE SUB INSPECTOR OF POLICE, PATTAMBI POLICE STATION, PALAKKAD DISTRICT, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. I.V.PRAMOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/07/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs CRMC.NO.2156/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE A1:COPY OF THE JUDGMENT DATED 08/01/04 IN C.C.144/2000 PASSED BY THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PATTAMBI. ANNEXURE A2:COPY OF THE ORDER DATED 10/08/2005 PASSED BY THIS HONOURABLE COURT IN CRL.M.C. NO.2118/2005. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A. TO JUDGE. svs B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2156 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 15th day of July, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the accused in Crime No.470/99 of Pattambi Police Station corresponding to C.C.333/2007 on the file of the Judicial First Class Magistrate Court, Pattambi registered for the offences punishable under Sections 143, 147, 148 and 188 read with Section 149 of the Indian Penal Code and Sections 19, 23, 38, 52 and 57 of the Kerala Police Act. Learned counsel for the petitioner states that almost all the accused persons have been acquitted and the charge against some accused persons has been quashed by this court in Crl.M.C.2118/2005. 3. Petitioner was studying abroad as a result of which he could not appear in the trial court to face the trial. Now he is ready and willing to surrender before the trial court to face the trial. If the petitioner surrenders on or before 29th of this month and applies for bail in the aforementioned case, Magistrate shall release him on bail on such terms and conditions he deems fit. Learned counsel for the petitioner states that he will file an appropriate application for discharge basing on the order of acquittal as well as the order passed Crl.M.C.No.2156 OF 2011 2 in the aforementioned Criminal Miscellaneous Case. If such an application is filed, Magistrate shall pass appropriate orders thereon. Till the disposal of the case, the order of attachment issued under Sections 82 and 83 of Cr.P.C. shall be kept in abeyance. Till the petitioner surrenders, the non bailable warrant issued against the petitioner may not be executed. If the petitioner files an application under Section 205 of Cr.P.C. for dispensing his personal appearance on the day fixed for trial, the Magistrate shall permit the petitioner to represent him through his counsel on such terms and conditions he deems fit. Criminal M.C. is disposed of. B.P.RAY, JUDGE jes