IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4529 of 2010()
1. M.NOUSHAD, S/O.SADULI, AGED 30 YEARS,
... Petitioner
Vs
1. THE STATE OF KERALA,
... Respondent
2. THE S.H.O., IRIKKUR POLICE STATION,
3. MR.T.C.SHIHABUDHEEN @ SHIHAB THANGAL,
For Petitioner :SRI.C.K.SREEJITH
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :15/11/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No.4529 OF 2010
===========================
Dated this the 15th day of November,2010
ORDER
Petitioner was the second accused in
S.C.312/2008 on the file of Additional Sessions
Court, Thalassery. As petitioner was
absconding, the case against him was split up
and accused 4 and 5 were tried. By Annxure A1
judgment accused 4 and 5 were acquitted. The
case against the first accused was not
committed to the Sessions Court. Petition is
filed under section 482 of Code of Criminal
Procedure for a direction to the Sessions court
to accept the affidavit of the defacto
complainant on the date of surrender of the
petitioner and acquit him and also to direct
the Sessions Judge to grant bail on the date of
surrender.
2. Learned counsel appearing for the
Crl.M.C.4529/2010 2
petitioner and learned Public Prosecutor were
heard.
3. Though by Annexure A1 judgment accused 4 and
5 were acquitted, based on the judgment acquitting
the co accused case against petitioner one of the
absconding accused cannot be quashed. So also no
direction could be issued to the Sessions Judge to
accept the affidavit of the de facto complaint and
acquit the accused, as it will be illegal.
4. If petitioners surrenders and files an
application for bail, it is for the Additional
Sessions Judge to consider the application without
delay and pass appropriate orders in accordance
with law. Petitioner is entitled to raise all the
contentions before the Assistant Sessions Judge.
Petition is disposed.
M.SASIDHARAN NAMBIAR
JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT
SEPTEMBER,2006