IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 1ST FEBRUARY 2008 / 12TH MAGHA 1929 Crl.MC.No. 432 of 2008() ------------------------ CC.382/2007 of JUDL.MAGISTRATE OF FIRST CLASS-II, CHERTHALA .................... PETITIONER: ACCUSED ------------------- SATHEESH, AGED 35 YEARS, S/O.VASUDEVAN NAIR, KOTHAMANGALATHUMATTATHIL VEEDU, WARD NO.V, KANJIKKUZHY PANCHAYATH, CHERTHALA. BY ADV. SRI.GRASHIOUS KURIAKOSE SRI.B.PRAMOD RESPONDENTS: COMPLAINANT & DEFACTO COMPLAINANT ---------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JEEVAN, AGED 24 YEARS, S/O.JAYARAM, PUTHENKALATHIL VEEDU, WARD NO.XIII, KANJIKKUZHY PANCHAYATH, CHERTHALA. BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C.NO. 432 of 2008 * * * * * * * * * * * * * * * * * * Dated: 01-02-2008 ORDER Petitioner who is the sole accused in C.C. No. 382 of 2007 on the file of the J.f.C.M. II Cherthala seeks to quash the above proceedings before the Magistrate on the ground that co- accused in the case (originally filed as C.C. 977 of 2003) have been acquitted after trial . In the light of the decision of the Full Bench in Moosa v. Sub Inspector of Police - 2006 (1) KLT 552, the above prayer cannot be granted. But at the same time, there is no reason why the petitioner should not be given an opportunity to surrender before the Magistrate and seek bail and also to plead for a discharge in view of the fact that the co- accused in the case have been acquitted. Accordingly, this Crl. M.C. is disposed of permitting the petitioner to surrender before the J.F.C.M. II, Cherthala and file an application regular bail within three weeks from today. In case, he complies with the above condition his application for bail heard and disposed of preferably on the same date on which it is filed after considering his explanation for his previous non- Crl.M.C.NO. 432 of 2008 -:2:- appearance and also after considering the fact that the co- accused in the case have been acquitted as per judgment dated 30-04-2007 in C.C. No. 977 of 2005 . The petitioner may seek for a discharge within the above period before the learned Magistrate by pressing into service the aforesaid circumstances as also the circumstances that the parties have settled the disputes between them. V. RAMKUMAR, (JUDGE) ani.