IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 CRL.MC.NO. 273 OF 2011() --------------------------------------- L.P.NO.28/2003 (CC.90/2002) OF JUDL.MAGISTRATE OF FIRST CLASS-I, CHERTHALA .................... PETITIONER(S): PETITIONER ------------------------------------------ GANESAN, S/O.PERUMAL PILLAI KUNNUMEL VELIYIL, VELORVATTOM, CHERTHALA, ALAPUZHA DISTRICT BY ADV. SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): -------------------------- STATE OF KERALA, REP.BY SUB INSPECTOR OF POLICE CHERTHALA POLICE STATION(CRIME NO.233/1996) REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM BY PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P.JOSEPH, J. ==================================== Crl. M.C. No.273 of 2011 ==================================== Dated this the 28th day of January, 2011 O R D E R Petitioner is accused in L.P. No.28 of 2003 of the court of learned Judicial First Class Magistrate-I, Cherthala arising from Crime No.223 of 1996 of Cherthala Police Station for offences punishable under Sections 448, 427 and 379 read with Section 34 of the Indian Penal Code. Petitioner and other accused faced trial and the witnesses of the prosecution were examined. Petitioner appeared in the trial court till 08.10.2001. Thereafter petitioner could not appear since according to him, he had to go to Calcutta where his brother-in-law was laid up with serious illness. It is stated that petitioner had to stay back at Calcutta to look after the children of his deceased brother-in-law. In the meantime on account of non-availability of petitioner learned Magistrate included the case against him in the L.P. register. In this petition petitioner prays to quash the proceeding against him in L.P. No.28 of 2003 (C.C. No.90 of 2002) and to direct the learned Magistrate to proceed with the case from the stage at which petitioner failed to appear in the court. CRL.M.C. No.273 of 2011 -: 2 :- 2. It is for the learned Magistrate to decide as provided under law from which stage the case against petitioner has to continue. No direction in that regard can and need be issued by this Court. There is also no reason why proceedings in L.P. No.28 of 2003 should be quashed as if it is not legal or proper. But having regard to the facts and circumstances stated by the petitioner I am inclined to grant petitioner a month's time to surrender before the learned Magistrate and seek appropriate relief. Then Non-Bailable Warrant issued against petitioner will stand in abeyance for a period of one month from this day. During the said period of one month if any application is preferred by the petitioner seeking bail learned Magistrate shall pass appropriate orders on that application as provided under law having regard to the facts and circumstances of the case. Criminal Miscellaneous Case is disposed of as above. THOMAS P. JOSEPH, JUDGE. vsv