O R D E R

1.The petitioner herein is the sole accused in C.C.No.2100/15 on the files of the Judicial First Class Magistrate Court – II, Nedumangad, involving offence punishable under Sections. 341, 294(b), 323 r/w Section.34 of the IPC . He along with another was initially indicted and sent for trial before the learned Magistrate in C.C.No.633 of 2010 on the files of the Court below.

2.The petitioner, who was the 2nd accused, after being enlarged on Bail, left the state of Kerala to pursue his avocation in life. Trial was proceeded with and per Annexure A3 judgment dated 14.10.2015, the 2nd accused was acquitted of all charges under S.255(1) of the Cr.P.C. The case against the petitioner was split up and was numbered as C.C.No.2100/2015.

3.The learned counsel appearing for the petitioner referring to Annexure A3 judgment contends that the substratum of the case as against the petitioner has been destroyed. It is pointed out by the learned counsel that 3 witnesses were cited by the prosecution to prove its case and none of them had supported the prosecution case. The injured witnesses did not even turn up and due to dearth of evidence, the 2nd accused was acquitted.

4.The learned Publi