IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 28TH JANUARY 2009 / 8TH MAGHA 1930 Crl.MC.No. 406 of 2009() ------------------------ CC.47/2004 of JUDL.MAGISTRATE OF FIRST CLASS COURT- II,PATHANAMTHITTA .................... PETITIONER(S): --------------- SUDHAN, AGED 40, S/O. VASU, ASHA BHAVANAM, ADIMURIYIL OOTTUPARA, ARUVAPULAM,KONNI. BY ADV. SRI.P.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLIE, KONNNI. 3. PP. SOMAN, AGED 47, S/O. PARAMESWARAN, KAILATHU HOUSE, OOTTUPARA, ARUVAPULAM, KONNI. BY P.P. SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No.406 of 2009 ------------------------------------------------- Dated this the 28th day of January, 2009 ORDER The petitioner faces indictment in a prosecution for offences punishable under Secs.447, 324 and 323 read with Sec.34 IPC. Investigation is complete. Final report has already been filed. Cognizance has been taken. Altogether, there are 3 accused persons. The offences alleged against accused 2 and 3 have already been compounded. The petitioner was not available to be proceeded with. The case against him has been split up. The petitioner has now entered appearance and has been enlarged on bail. The petitioner has come to this Court with a plea that composition against one accused must be deemed to be the composition against all the accused. Hence inasmuch as the offences alleged against the co-accused have been compounded, it must be deemed that the Crl.M.C. No.406 of 2009 -: 2 :- offences allegedly committed by the petitioner are also compounded. 2. Such a principle cannot be accepted at all. Where compoundable offences are alleged, the victim is entitled in law to compound the offences committed by some of the many accused. If there is composition, the prayer can be made before the court concerned to accept the composition. If there is no composition, such accused will have to face trial. I find no merit in the contention that the prosecution against one accused must invariably be reckoned as composition against all accused. That plea must hence fall to the ground. 3. The learned counsel for the petitioner submits that the learned Magistrate may be directed to consider the petitioner's application for exemption. No directions are necessary. If the petitioner makes a proper application for exemption from personal appearance, the learned Magistrate must consider the same and pass appropriate orders on merits, in accordance with law and expeditiously. 4. This Crl.M.C. is, in these circumstances, dismissed with the above observations. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.406 of 2009 -: 3 :-