IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 13TH JULY 2010 / 22ND ASHADHA 1932 Crl.MC.No. 2647 of 2010() ------------------------- AGAINST THE ORDER DATED 12/03/2007 IN CC.462/2002 IN CC.157/2007 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, TRIVANDRUM .................... PETITIONER/4TH ACCUSED ----------------------- NAZEER, S/O. SHAUL HAMEED, ODAKKARA VEEDU, VMJ 2/257, P.O.NAGAR, NEAR PONNARA PALAM, BANGLADESH, VALLAKKADAVU, VALIYATHURA WARD, PETTAH P.O., THIRUVANANTHAPURAM. BY ADV. SRI.SUBHASH CYRIAC RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. C.S. HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR,J. ................................................ Crl.M.C. No. 2647 of 2010 ................................................. Dated this the 13th day of June, 2010 O R D E R Petitioner who was the accused in Crime No. 125 of 2002 of Valiyathura Police Station for an offence punishable under Sec. 353 read with Sec. 34 I.P.C. and who was absconding during the trial of C.C. No. 462 of 2002 on the file of the J.F.C.M., Thiruvananthapuram and whose case has been refiled as C.C. No. 157 of 2007 seeks to quash the proceedings against him on the ground that the co-accused have been acquitted after trial in C.C. 462 of 2002. 2. In the light of the decision in Moosa v. Sub Inspector of Police, 2006 (1) KLT 552 the petitioner cannot take advantage of Annexure -2 judgment in C.C. No. 462 of 2002. The remedy of the petitioner is to stand trial in C.C. 157/2007 . If the petitioner had stood trial in part in C.C. 462/2002 the learned Magistrate shall permit him to continue from the stage at which Crl.M.C. No. 2647 of 2010 -:2:- he absconded in C.C. No. 462/02 provided he files an affidavit seeking permission to do so and undertaking that he will not assail the procedure adopted by the Magistrate. The petitioner shall surrender before the Magistrate within two weeks from today and file an application for regular bail which shall be disposed of preferably on the same date on which it is filed. This Crl.M.C. is disposed of as above. Dated this the 13th day of July, 2010. Sd/- V. RAMKUMAR, JUDGE. /true copy/ P.S. to Judge ani/