IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930 Crl.MC.No. 4977 of 2008 ---------------------------------- ( LP.28/2007 OF ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM ARISING OUT OF C.P.NO.2/2003 THEREIN). .................... PETITIONER/ 6TH ACCUSED: ----------------------------------------- SANTHOSH KUMAR, AGED 39 YEARS, S/O. CHELLAPPAN PILLAI, HAVING PERMANENT RESIDENCE AT CHELANTHIVARATHU VEEDU, THRIKKANNAPURAM, THIRUVANANTHAPURAM. BY ADV. SRI.G.P.SHINOD, SRI.RAM MOHAN.G., SRI.MANU V. RESPONDENTS/ COMPLAINANT: ----------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PUBLIC PROSECUTOR AT THE HIGH COURT OF KERALA. 2. THE DISTRICT MAGISTRATE (DISTRICT COLLECTOR), THIRUVANANTHAPURAM, HAVING HIS OFFICE AT CIVIL STATION, KUDAPPANAKUNNU, THIRUVANANTHAPURAM. 3. THE VILLAGE OFFICER, THIRUMALA VILLAGE, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/12/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4977 of 2008 ------------------------------------------------- Dated this the 19th day of December, 2008 ORDER The petitioner faces indictment as the 6th accused in a prosecution for offences punishable, inter alia, under Sec.395 IPC. The crime was registered as early as in 1997. The petitioner, it is submitted at the Bar, was arrayed as accused only in 2001. The petitioner is employed abroad. While he was in India, there was no information to him that he has been arrayed as accused. He now understands that he has been arrayed as accused and coercive processes have been issued against him to procure his presence. His property has been attached in proceedings under Sec.82/83 Cr.P.C. 2. The petitioner is employed abroad. He is unable to return to India immediately. He shall ensure that he either appears before court within a period of three months from this Crl.M.C. No. 4977 of 2008 -: 2 :- date or take necessary steps to settle the matter and to get the prosecution against him quashed. He prays that he may be given three months' time. Till then, his property may not be sold in auction in proceedings under Sec.82/83 Cr.P.C. This, in short, is the prayer made. 3. Having considered all the relevant circumstances, I am satisfied that a lenient view can be taken and the petitioner, who is employed abroad, can be given an opportunity to surrender before the learned Magistrate or to ensure composition/ discontinuance of the prosecution in accordance with law within a period of three months from this date. 4. In the result: (a) This Crl.M.C. is allowed. (b) All further proceedings in C.P.No.2/03 pending before the learned Additional Chief Judicial Magistrate, Trivandrum, (arising from Crime No.111/97 of the Poojappura Police Station - now pending as L.P.No.28/07) including the sale of property in proceedings under Sec.82/83 Cr.P.C. shall stand stayed on condition that a cash security of Rs.25,000/- is deposited before the learned Magistrate within a period of 10 days from this date. That amount shall be released to the petitioner as soon as he enters appearance before court or reports composition/closing Crl.M.C. No. 4977 of 2008 -: 3 :- of proceedings – both within a period of three months from this date. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge