High Court Kerala High Court

M.Noushad vs The State Of Kerala on 15 November, 2010

Kerala High Court
M.Noushad vs The State Of Kerala on 15 November, 2010
       

  

  

 
 
  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.
          ===========================
          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

———————

JUDGMENT

SEPTEMBER,2006