IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 Crl.MC.No. 3805 of 2011() ------------------------------------ CRIME NO.397/09 OF CHENGANNUR POLICE STATION CC.NO.112/2011 OF JUDICIAL FIRST CLASS MAGISTRATE COURT-I, CHENGANNUR ---------------------------------- PETITIONER(S): 2ND ACCUSED ----------------------------------------------- VIMAL VIJAYAN, S/O.VIJAYAN, KALLOOZHATHIL HOUSE, ALA P.O., ALAPPUZHA-689 624. BY ADV. SRI.P.VINOD KUMAR SRI.T.K.AJITH KUMAR RESPONDENT(S): COMPLAINANT -------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/11/2011,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3805/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE FIR IN CRIME NO.397/09 OF CHENGANNUR POLICE STATION. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3805 of 2011 ---------------------------------------------------- Dated this the 9th day of November, 2011 Order The petitioner is stated to be the second accused in Crime No.397 of 2009 of Chengannur Police Station. The offence alleged against him is under Section 323 read with 34 IPC. The case was taken on file by JFCM Court-I, Chengannur as CC No.1369/2009. This petitioner was absconding and hence the case against him was spilt up and renumbered as CC No.112 of 2011. 2. The learned counsel for the petitioner submits that at the time of incident he was aged only 23 years and after the incident he had left for Bombay in search of a job and that is why he could not appear before the court earlier. On going through the final report, it is seen that the final report was laid under Section 323 read with 34 IPC. Section 323 is a bailable offence. The petitioner will surrender before the learned Magistrate on 18.11.2011. He can convince the learned Magistrate as to the reason for his absence. The learned Magistrate will dispose of his Crl.M.C.3805/11 2 bail application as expeditiously as possible. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3805/11 3