IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 18TH AUGUST 2010 / 27TH SRAVANA 1932 Crl.MC.No. 2675 of 2010() ------------------------- (CRIME NO.9/2004 OF KATTOOR POLICE STATION) CP.15/2009 of JUDL. MAGISTRATE OF FIRST CLASS COURT, IRINJALAKUDA .................... PETITIONER: ACCUSED ---------------------- BIJU, S/O. BALAN, MENOTH HOUSE, VELLANI DESOM, KARALAM VILLAGE, MUKUNDAPURAM TALUK. BY ADV. SRI.M.SHAJU PURUSHOTHAMAN RESPONDENTS: DE-FACTO COMPLAINANT ----------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM REPRSENTING THE C.I. OF POLICE, IRINJALAKUDA. 2. THE SUB INSPECTOR OF POLICE, POLICE STATION, KATTOOR, IRINJALAKUDA. 3. SINDHU, D/O. SURYAN, MULANGADAN HOUSE, VELLANI DESOM, KARALAM VILLAGE, MUKUNDAPURAM TALUK. PUBLIC PROSECUTOR SRI.C.S.HIRTHWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ---------------------------------------- Crl.M.C.No.2675 of 2010 ---------------------------------------- Dated this the 18th day of August, 2010 ORDER The petitioner who is the sole accused in Crime No.9/2004 of Kattoor Police Station for an offence punishable under Section 376 I.P.C., seeks to quash the proceedings pending as C.P.No.15/2009 before the Judicial Magistrate of the First Class, Irinjalakuda. 2. Admittedly due to the abscondance of the petitioner and his employment abroad, non-bailable warrants of arrest are pending against the petitioner. Hence the case cannot be committed to the court of Session because the petitioner has not appeared before the Magistrate and received the copies of the prosecution records. The petitioner shall appear before the Magistrate within three months from today and apply for regular bail which shall be disposed of preferably on the date of application itself. If the petitioner surrenders before the Magistrate as aforesaid, the warrants pending against him shall be recalled. As and when the petitioner appears before the Magistrate, the latter shall comply with Section 207 Cr.P.C. Thereafter the petitioner will be entitled to plead for a discharge in absentia through his counsel before the court of Crl.M.C.No.2675/2010 : 2 : Sessions during the preliminary hearing under Section 227 Cr.P.C. Reserving the above right of the petitioner this Criminal M.C. is disposed of. V.RAMKUMAR, JUDGE skj