ORDER

The petitioner is the 13^th accused in Crime No.116/2001 registered by the Kunnathunadu Police Station and Crime No.321/CR/EKM/02 registered by the Crime Branch CID, Ernakulam, for allegedly committing the offences punishable under Sections 143 , 147, 148, 452, 436, 427, 324 and 326 r/w Section 149 of the Indian Penal Code and Section 3 of the Explosive Substance Act .

2. The gravamen of the prosecution case is that;

On 15.05.2001, at about 22.30 hours, the accused persons, in prosecution of their common intention, had formed an unlawful assembly and trespassed into a Garment Company and ladies hostel owned by CW2 and committed rioting with deadly weapons and caused hurt to CWs 1 to 4. They also threw explosive substance on the premises and caused loss of Rs.17,00,000/- to M/s. Kitex Garment.

3. The petitioner has stated in the Crl.M.C., that, although he had got himself enlarged on bail at the crime stage, subsequently he did not receive any summons from the Principal Assistant Sessions Judge, Ernakulam, (Trial Court). Consequently, the Trial Court proceeded with the trial as against the accused 1 to 11, 14 to 26 as S.C.No.508/2007. By Annexure A3 judgment, the Trial Court acq