O R D E R

The petitioner is the 8^th accused in S.C.No.31/2013 on the file of the Additional Sessions Court-III, Thalassery (for brevity hereinafter referred to as ‘Trial Court’), which has originated from Crime No.43/2009 registered by the Panoor Police Station, alleging the commission of offences punishable under Sections 143 , 147, 118, 109, 148, 341 and 302 read with Sections 149 and 120B of the Indian Penal Code (‘ IPC ’) and Section 27 (1)(a) of the Arms Act .

2. The gravamen of the prosecution's case is that:

On 12.3.2009 at around 18.50 hours, the accused persons, in prosecution of their common intention, had hatched a conspiracy and, after forming into an unlawful assembly, committed rioting and the murder of a person named 'Vinayan'. The 8^th accused (petitioner) had concealed the commission of the offences committed by accused Nos. 1 to 5. Thus, the petitioner has committed an offence under Section 118 IPC .

3. The petitioner’s case in the criminal miscellaneous case is that the case was initially committed to the Court of Principal Sessions Judge, Thalassery, who had framed the charge (Annexure 2) as against the petitioner for allegedly committing the offence under Section