IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN MONDAY, THE 1ST FEBRUARY 2010 / 12TH MAGHA 1931 Crl.MC.No. 327 of 2010() ------------------------ CC.2912/2007 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): ACCUSED: ----------------------------------------- ANILKUMAR, S/O.KUMAR, KALLETTUMTHARA VEEDU, KEDAMANGALAM KARA, NORTH PARUR, ERNAKULAM DISTRICT. BY ADVS. MR.N.RATHEESH, SMT.SUMA RATHEESH. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE SUB INSPECTOR OF POLICE, ALUVA POLICE STATION. 3. ANTONY, S/O.KURIAKOSE, MANNANCHERI, AMBALAPUZHA. R1 & R2 BY PUBLIC PROSECUTOR MR. SALIM P.A. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss P.BHAVADASAN, J. --------------------------- Crl.M.C No.327 OF 2010 -------------------------------- Dated this the 1st day of February 2010 ----------------------------------------------------- ORDER This is a petition filed under Section 482 Cr.P.C seeking to have all further proceedings in C.C Bo.211/2003 pending before the Judicial First Class Magistrate Court -I, Aluva quashed. 2. Petitioner was the 4th accused in C.C No.211/2003 before the Judicial First Class Magistrate Court – I, Aluva for having committed offences punishable under Sections 143, 147,149, 452,506(2) r/w 149 I.P.C and Section 27 of the Arms Act. There were eight accused persons in the case. The allegation is that on 15/11/2002 at 6:30 P.M the accused persons formed themselves into an unlawful assembly with deadly weapons threatened the defacto complainant and several others. 3. The petitioner points out that he had to go abroad for employment. Annexure A4 is the judgment in respect of other accused persons who stood trial. The court below after trial acquitted them under Section 248(1) Cr.P.C. 4. Petitioner says that the benefit of Annexure A4 judgment may be extended to him also. Crl.M.C No.327 OF 2010 Page numbers 5. The relief sought for is not entertainable in view of the full bench decision of this court. Petitioner has been absconding and warrant is pending against him. He has to appear before the court below and take necessary steps in accordance with law and stand trial. 6. Faced with this situation, the learned counsel for the petitioner prays that his bail application on surrender may be directed to be considered on the very same day itself. 7. Prayer being a reasonable one, it is directed that in case the petitioner surrenders before the court below and files an application for bail, after giving notice to the learned Public Prosecutor, the court below shall consider the application for bail on the same day itself and pass orders in accordance with law. Sd/- P.BHAVADASAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv