IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 Crl.MC.No. 1220 of 2009(B) ------------------------- SC.1462/2001 of II ADDL. SESSIONS COURT, TRIVANDRUM .................... PETITIONER(S): 4TH ACCUSED -------------------------------------- SUDHEENDRA KUMAR @ APPU, S/O.GOPALAN, MUTTADA DAYAS, NO.11, 397, KURUNGANNOOR MURI, MADATHUVILAKAM VILLAGE, THIRUVANANTHAPURAM. BY ADV. DR.K.P.SATHEESAN SRI.K.K.GOPINATHAN NAIR SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.MATHEW SUNNY RESPONDENT(S): STATE & COMPLAINANT -------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, C.B.C.I.D. (C.F.S.), THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.N. KRISHNAN, J. = = = = = = = = = = = = = = CRL.M.C. NO. 1220 OF 2009 = = = = = = = = = = = = = = = Dated this the 7th day of April, 2009. O R D E R This petition is filed with a prayer to quash Annexure-I charge sheet pending in Sessions case 1462/01 before the II Additional Sessions Court, Thiruvananthapuram. In the light of the dictum laid down in Moosa v. Sub Inspector of Police (2006 (1) KLT 552(FB), I am not inclined to quash the proceedings for the reason stated in the said decision. The petitioners are accused of offence u/s 489B and C r/w S.34 IPC. The case has a checkered carrier at least for 25 years and I do not want to elaborate on that. If the petitioner surrender before the Court and moves an application for bail I direct the learned Sessions Judge, Thiruvananthapuram to consider the bail application as expeditiously as possible after hearing all concerned. In Crl.M.C. OF 2009 -:2:- order to enable the Magistrate to do so surrender as well as filing of the bail application shall be done on the early hours of the working day. The petitioner will be at liberty to give advance copy to the Prosecution. The Crl.M.C. is disposed of accordingly. M.N. KRISHNAN, JUDGE. ul/-