IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN TUESDAY, THE 2ND FEBRUARY 2010 / 13TH MAGHA 1931 Crl.MC.No. 348 of 2010() ------------------------ CC.285/2009 of the JFCM, KOTHAMANGALAM CRIME NO.309/99 OF KOTHAMANGALAM POLICE STATION .................... PETITIONER(S): PETITIONER/3RD ACCUSED ------------------------------------- BABU, S/O.CHACKO, AGED 35 YEARS, KENATTUKUZHY HOUSE, PAZHOOR KARA, PIRAVOM VILLAGE. BY ADV. SRI.SHAJI KURIAN SRI.T.J.MICHAEL SRI.JOSE MATHEW (KAVALAKALAM) RESPONDENT(S): COMPLAINANTS --------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. JOSEPH, S/O.AUGUSTHY, AGED 64 YEARS, PULICHAMACKAL HOUSE, VELIANCHAL BHAGAM, KEERAMPARA KARA, KEERAMPARA VILLAGE. PP MR.S U NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P.BHAVADASAN, J. ------------------------------------- Cr. MC No.348 of 2010 ------------------------------------- Dated 2nd February 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure, seeking to have the proceedings in CC No.285/09 of the JFCM, Kothamangalam as against the petitioner, quashed. 2. The petitioner is one of the accused in CC No.285/09 pending before the JFCM, Kothamangalam, for having committed the offences punishable under Ss.133, 147, 447, 448 and 506(1) r/w 149 IPC. Initially, there were seven accused in the case. After investigation, charge sheet was filed against nine persons and cognizance of the offences was taken by the Judicial First Class Magistrate's Court, Muvattupuzha. The petitioner herein is the third accused in CC No.1243/99. It seems that the case was transferred to JFCM Court, Kothamangalam and it was renumbered as CC No.339/03. After completing the CRMC 348/10 2 prosecution evidence, the learned Magistrate posted the case for questioning the accused under S.313 Cr.P.C. At that time, the second accused, namely, Thankachan and the third accused/the petitioner herein had gone abroad for the purpose of employment and so, they were not available for questioning under S.313 Cr.P.C. Consequently, the Court split the case against those two accused. 3. It is pointed out that the other accused were acquitted after trial. Later on, the second accused also entered appearance, faced trial and was acquitted. The petitioner submits that in the light of these developments, it will be a futile exercise to try him. Therefore, he prays that the proceedings against him may be quashed. 4. May be, the petitioner could not be present before Court due to compelling reasons, but the fact remains that he was absconding at the time of questioning the accused under S.313 Cr.P.C. and warrants are pending against him. The mere fact that the other accused persons are acquitted, by itself is not a ground to acquit the CRMC 348/10 3 petitioner. Whatever that be, the petitioner may surrender before the Court concerned on or before 10.02.2010 and if he moves an application for bail with notice to the learned Public Prosecutor, the Court shall consider and dispose of the same in accordance with law on the very same day itself. The Petition is disposed of as above. P.BHAVADASAN, JUDGE sta CRMC 348/10 4