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. 349 of 2010() ------------------------ CC.265/2008 of JUDL. MAGISTRATE OF FIRST CLASS-III, KOZHIKODE CRIME NO.139/08 OF KAKKOOR POLICE STATION .................... PETITIONER(S): 2ND ACCUSED -------------------------- V.K.ABDULLA, AGED 41 YEARS, S/O.AHAMMED KOYA, VALLIYADATHU KUZHIYIL VEEDU, MADAVOOR VILLAGE, POST MADAVOOR, KOZHIKODE. BY ADV. SRI.R.SUDHISH SMT.M.MANJU RESPONDENT(S): DEFACTO COMPLAINANTS AND STATE --------------------------------------------- 1. RADHAKRISHNAN, SECRETARY, MADAVOOR GRAMA PANCHAYATH, MADAVOOR POST, KOZHIKODE-673 583. 2. MUJEEB, S/O.MOIDEENKUTTY, AGED 37 YEARS, U.D.C., MADAVOOR GRAMA PANCHAYATH, MADAVOOR POST, KOZHIKODE-673 583. 3. THE STATE OF KERALA, REP. BY SUB INSPECTOR OF POLICE, KAKKOOR POLICE STATION, KOZHIKODE, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PP MR.P A SALIM 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.349 of 2010 ------------------------------------- Dated 2nd February 2010 Order This is a petition filed under S.482 of the Code of Criminal Procedure, seeking to have Annexure A2 charge sheet in CC No.265/08 as against the petitioner herein/the second accused on the file of the JFCM Court- III, Kozhikode, quashed. 2. The petitioner is the second accused in the above said case for having committed the offence punishable under S.353 r/w S.34 IPC. The allegation against him and the co-accused is that they illegally restrained the defacto complainant from discharging his official duty on 23.03.2008 at 3.30 pm. The petitioner says that he has not committed any act which constitutes an offence and submits that he is innocent and has been falsely implicated in the case. On the basis of the complaint which led to the present proceedings, a crime was CRMC 349/2010 2 registered, final report was filed and cognizance of the offence was taken as CC No.265/2008 by the JFCM Court- III, Kozhikode. It seems that the petitioner was absconding during investigation and therefore, warrant is pending against him. He says that his act was not wilful and it was due to reasons, beyond his control. He also pointed out that no offence is made out on the basis of the records made available before Court. 3. The question as to whether any offence is made out, is to be decided by the Court below. As of now, since warrant is pending against the petitioner, he has to appear before Court and appraise the Court of the circumstances, under which he was unable to appear before it. 4. Accordingly, it is ordered that the petitioner may surrender before the Court concerned on or before 15.02.2010. If he moves an application for bail after issuing notice to the learned Public Prosecutor, the same shall be considered and disposed of by the Court in accordance with law on the very same day. Thereafter, if the petitioner CRMC 349/2010 3 seeks for a discharge, the learned Magistrate may consider the same also, in accordance with law, as expeditiously as possible. The petition is disposed of as above. P.BHAVADASAN, JUDGE sta CRMC 349/2010 4