Kerala High Court
Crl.MC/4116/2006 of V.KANNAN Vs S.I. OF POLICE, KASARGODE & ANOTHER on 26 December 2006
HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928 Crl.MC.No. 4116 of 2006() ------------------------- CC.1150/2006 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD .................... PETITIONER: ------------ V.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE V.RAMKUMAR
TUESDAY, THE 26TH DECEMBER 2006 / 5TH POUSHA 1928
Crl.MC.No. 4116 of 2006()
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CC.1150/2006 of JUDL. MAGISTRATE OF FIRST CLASS, KASARAGOD
....................
PETITIONER:
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V. KANNAN, S/O. AMBOONHI KOMARAM,
KOTTARUVAM, CHEMNADU VILLAGE
BY ADV. SRI.T.G.RAJENDRAN
RESPONDENTS:
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1.SUB INSPECTOR OF POLICE,
KASARAGOD POLICE STATION
2.STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTORHIGH COURT OF KERALA, ERNAKULAMHIGH COURT OF KERALA, ERNAKULAM
BY PUBLIC PROSECUTOR SRI. K.S. SIVAKUMAR
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 26/12/2006, THE COURT ON THE SAME DAY PASSED THE
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ORDER
Petitioner who was the 4[th] accused in C.C. 319/03 0onthe file of the J.F.C.M. Kasaragod for offences punishableunder Sections 447, 323 and 324 read with Sec. 34 I.P.C.stood trial before that court till the stage ofexamination under Sec. 313 Cr.P.C. Thereafter, he wasabsconding, consequent on which the case against himwas refiled as C.C. 1150/06 in which he is the 2[nd] accused.C.C. 319/03 was proceeded with against the remainingaccused and it is said to have ended in acquittal. Whileso, the petitioner has approached this Court seeking adirection to quash the charge-sheet in C.C. 1150/06 and torecall the non-bailable warrant issued against him.2. The prayer to quash the charge on the basisthat the co-accused has been acquitted cannot be grantedin the light of the recent decision of the Full Bench ofthis Court. The petitioner will have to face the trialindependent of the judgment rendered in C.C. 319/03. Butat the same time, since he had faced trial in C.C. 319/03
Crl. M.C. No. 4116 of 2006 -:2:-
till the stage of examination under Sec. 313 Cr.P.C. ade novo trial in C.C. 1150/06 may not be necessary.The learned counsel for the petitioner also agrees thatthe petitioner has no objection in treating theevidence recroded in C.C. 319/03 as the evidence inC.C. 1150/06.
Accordingly, this Crl.M.C. is disposed ofdirecting the petitioner to surrender before theJ.F.C.M.-I, Kasaragod who shall release the petitioneron bail on appropriate conditions and shall alsoproceed with C.C. 1150/06 after treating the evidencerecorded in C.C. 319/03 until the stage at which thepetitioner absconded in that case and shall completethe trial expeditiously.
ani.
Sd/- V. RAMKUMAR, (JUDGE)