IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 4508 of 2003()
1. ABDUL GAFOOR S/O. ABDULLAKKUTTY,
... Petitioner
Vs
1. SATATE OF KERALA, REPRESETED BY THE
... Respondent
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
Dated :26/07/2007
O R D E R
J.B.KOSHY, J.
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Criminal M.C.No.4508 OF 2003 (C)
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Dated this the 26th day of July, 2007
O R D E R
Petitioner was the 3rd accused in C.C.No.355/1999. He
along with two others were charge sheeted under Sections 147,
341, 323, 427 read with Section 34 of the Indian Penal Code.
Since he was absconding his case was split up and numbered
as C.C.No.440/2003. His contention is that he was in the gulf
country in the above period. That is why he was not able to
appear before the court. Merely because acquittal or discharge
of the co-accused, case against appellant cannot be quashed.
It will depends upon the facts of each case. By absconding
accused will not get advantage. In the case, witnesses were
examined in the main case and PWs.1 to 3 supported the case.
But independent eye witnesses did not see the incident and
therefore accused 1 and 2 were acquitted. It is for the trial
court to consider whether this petitioner can be acquitted as
that will depend upon the evidence adduced in the split up
CRL.M.C.4508/2003 2
case. However, on the facts and circumstances of the case,
the Magistrate is directed to grant bail to the petitioner on his
surrender on such conditions as may be fixed. It is for the
petitioner to adduce what ever evidence he would like to
produce in the trial court. I am not expressing any opinion
regarding the merits of the case in this order. With the above
directions this Criminal miscellaneous case is disposed of.
J.B.KOSHY, JUDGE
prp
CRL.M.C.4508/2003 3
J.B.KOSHY
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Criminal.Appeal. OF 1998
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JUDGMENT
14th March, 2007