IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 4TH JANUARY 2011 / 14TH POUSHA 1932 Crl.MC.No. 1633 of 2008() ------------------------------------ CRIME NO.798/2004 OF CENTRAL POLICE STATION, ERNAKULAM. .................. PETITIONER/4TH ACCUSED ---------------------------------------- THOMAS ANIYAN KUNJU, THONDUTHARAYIL HOUSE, PENNUMKARA P.O., CHENGANNUR, ALAPPUZHA. BY ADV. SRI.S.RAJEEV RESPONDENT/STATE -------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM (CRIME NO. 798 OF 2004 OF CENTRAL POLICE STATION, ERNAKULAM). BY PUBLIC PROSECUTOR MR.SABU SREEDHARAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 04/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs P.S. GOPINATHAN, J. ------------------------------------ CRL.M.C NO. 1633 of 2008 ------------------------------------ Dated this the 04th day of January, 2011 ORDER The petitioner is the 4th accused in C.C.No.1872/2004 on the file of the Judicial Magistrate of First Class II, Kochi. It is submitted by the learned counsel appearing for the petitioner that the petitioner is facing prosecution for offences under Sections 143, 147 and 365 read with Section 149 IPC. After closing the evidence for the prosecution the case was posted for recording the statement of the accused under Section 313 Cr.PC. In the meanwhile, it is reported that the petitioner went abroad on employment. On behalf of the petitioner a petition as Crl.MP.240/08 was filed by the counsel seeking permission to record the statement through the counsel. That petition was dismissed and the learned Magistrate issued arrest CRL.M.C NO. 1633 of 2008 2 warrant. Assailing the said order, this petition was filed under Section 482 of the Code of Criminal Procedure. 2. Now it is submitted by Sri. S.Rajeev, learned counsel appearing for the petitioner that the petitioner has returned from abroad and that he is prepared to appear before the Trial Court. According to the learned counsel the request of the petitioner to record the statement through the counsel has become infructuous and that the petitioner is prepared to appear before the Trial Court. 3. In the above circumstance, this petition is dismissed with a direction to the petitioner to appear before the Trial Court for recording the statement under Section 313 of the Code of Criminal CRL.M.C NO. 1633 of 2008 3 Procedure. Learned Magistrate is directed to dispose of the application for bail on the day of appearance and to proceed with the trial in accordance with law not with standing the pendency of the non bailable arrest warrant. P.S. GOPINATHAN, JUDGE. rkc