IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 Crl.MC.No. 377 of 2011() ------------------------ SC.298/2006 of Sessions Court (Adhoc-II), Kasaragod .................... PETITIONER(S): 4TH ACCUSED -------------------------- ABOOBAKAR, S/O.VANDIKARAN MOOSA, PERIYA ROAD, KASARAGOD. BY ADV. SRI.P.K.MUHAMMED RESPONDENT(S): STATE & DEFACTO-COMPLAINANT ------------------------------------------ 1. THE CIRCLE INSPECTOR OF POLICE, HOSDURG, KASARAGOD, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682031 2. KUNJIKANNAN, BRANCH MESRI, DINESH BEEDI, PALLIKKARA BRANCH, PIN-671316. ADV. SRI.C.N.IBRAHIM FOR R2 PUBLIC PROSECUTOR SRI.V.MANU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ---------------------------------------------- Crl.M.C.No. 377 of 2011 ---------------------------------------------- Dated this the 8th day of February, 2011 O R D E R Petitioner is an accused in a split up case, SC.298 of 2006, on the file of the Sessions Court (Adhoc-II), Kasaragod for offences punishable under Sections 143, 147, 148, 448, 427 and 436 read with Section 149 of the Indian Penal Code. It is submitted that by Annexure- A2, judgment the remaining accused, who faced trial in S.C.No.117 of 2005, were acquitted and now there is a settlement reached between petitioner and respondent No.2, the de facto complainant. Prayer in this petition is to quash the proceedings against petitioner in the light of settlement as well as acquittal of other accused by Annexure A2, judgment. 2. However, after arguing the matter some time learned counsel, without prejudice to the right of the petitioner to make appropriate defence in the trial court, has requested that coercive steps pending against the petitioner on account of his non-appearance in the court concerned may be quashed and petitioner may be permitted to surrender in the said court and seek regular bail. 3. I have heard learned counsel for petitioner and the learned Public Prosecutor. This petition is disposed of without prejudice to the right of Crl.MC.377/11 2 petitioner to take up appropriate defence in the trial court. It is directed that coercive steps taken against petitioner shall remain in abeyance for three weeks from this day or till petitioner appeared before the trial court whichever is earlier. I also make it clear that in case any application for bail is preferred by the petitioner, learned Additional Sessions Judge shall consider the same having regard to the facts and circumstances of the case and also considering the fact that the final report has already been filed in the court concerned. THOMAS P.JOSEPH, JUDGE vgs