IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 Crl.MC.No. 4417 of 2008() ------------------------- CC.483/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, KUTHUPARAMBA CRIME NO.145/06 OF KOOTHUPARAMBA POLICE STATION .................... PETITIONER: 4TH ACCUSED --------------- C.RAFEEQUE, S/O. KHADER, AGED 38 YEARS, CHUNIKKANTAVIADA HOUSE, MAMBARAM P.O., KANNUR DISTRICT. BY ADV. SRI.CIBI THOMAS RESPONDENT(S): COMPLAINANT/STATE --------------- 1. SUB INSPECTOR OF POLICE, KOOTHUPARAMBA POLICE STATION. 2. STATE REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4417 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 26th day of November, 2008 O R D E R The petitioner is the 4th accused in a prosecution for the offence punishable under Section 498A I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. Accused 2 to 4 had entered appearance. The first accused has not appeared so far. Though he was enlarged on bail and was represented by counsel before court, he could not appear before court on the dates of posting. He is employed abroad and is now abroad. The report of the learned Magistrate shows that the learned Magistrate has split up the case against accused 1 and 4 and has decided to proceed with the case against accused 2 and 3. The case stands posted for evidence to 13.2.2009. 2. The petitioner has come before this Court with this petition under Section 482 Cr.P.C. praying that he may be given time to appear before the learned Magistrate. He is willing to take part in the trial along with accused 2 and 3. The Crl.M.C.No. 4417 of 2008 2 short prayer now is that the coercive processes issued against him and his sureties may be kept in abeyance and the petitioner may be permitted to appear before court and seek regular bail on or before 10.2.2009. I am satisfied that the request can be allowed. 3. This Crl.M.C. is allowed in part. Coercive processes issued against the petitioner and his sureties shall not be executed and proceeded with till 10.2.2009. On or before that day, the petitioner can appear before the learned Magistrate and seek regular bail. His application for bail, if filed with sufficient notice to the prosecutor in charge of the case, must be considered and appropriate orders passed on merits on the date of surrender itself. If he so surrenders, he can request the learned Magistrate, which request must be accepted, that the trial against him may also be proceeded with along with accused 2 and 3 on 13.2.2009. 4. Hand over the order. (R. BASANT) Judge tm Crl.M.C.No. 4417 of 2008 3