IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 Crl.MC.No. 4044 of 2011() ------------------------------------ CC. NO.194/2010 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, PERUMBAVOOR. .......... PETITIONER(S): ACCUSED NO.3 ---------------------------------------------- JOSE, AGED 38 YEARS, S/O. JOSEPH, PULIACKAL HOUSE, KAMAKSHIKARA THEKKEMURI VILLAGE UDUMPANCHOLA TALUK, IDUKKI DISTRICT. BY ADVS. SRI.M.A.BASHEER SRI.ANANDAN PILLAI RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss N.K. BALAKRISHNAN,J. ------------------------------------ Crl.M.C.No. 4044 of 2011 ------------------------------------------ Dated this the 25th day of November, 2011 ORDER Petitioner herein was stated to be the 3rd accused in CC.960/03 of JFCM, Perumbavoor. It is submitted by the learned counsel for the petitioner that the petitioner and another accused did not appear before the court at that time and so while disposing CC.960/03, the case against the petitioner and other accused was split-up and as such now the case was re-filed as CC.194/10 in which the petitioner is the second accused. The learned counsel for the petitioner submits that the petitioner could not appear in court earlier as he was abroad. It is further submitted that he had to go abroad for eking out his livelyhood. He is now ready to surrender before the court on 29/11/2011. The petitioner will convince the learned Magistrate as to the reason for his non-appearance on earlier dates and the further fact that the case against the other accused was already disposed. Crl.M.C.No. 4044 of 2011 2 Considering all these aspects, the learned Magistrate will dispose of his application as expeditiously as possible. N.K. BALAKRISHNAN, JUDGE smvd