IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA

FRIDAY, THE 13TH DAY OF NOVEMBER 2015/22ND KARTHIKA, 1937

Crl.MC.No. 6959 of 2015 ()

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AGAINST THE ORDER/JUDGMENT IN CC 2886/2015 of J.M.F.C.-II,THRISSUR

AGAINST THE ORDER/JUDGMENT IN CC 1186/2001 of J.M.F.C.-II,THRISSUR

CRIME NO. 100/1998 OF NEDUPUZHA POLICE STATION , THRISSUR

PETITIONER(S)/ACCUSED NO.3:

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BHASI @ BHASKARAN, AGED 49 YEARS

S/O.SANKARAN, PUZHAMKARA VEETTIL HOUSE

POONKUNNAM SREEKRISHNA ASHRAMAM LINE

POONKUNNAM VILLAGE

THRISSUR DISTRICT NOW RESIDING AT BHASI @ BHASKARAN

S/O.SANKARAN, PUZHAMKARA HOUSE, PUTHENKOVILAKAM VILLA

ANTHIKKAD DESOM, THRISSUR DISTRICT

BY ADV. SRI.M.J.POLLY

RESPONDENT(S)/STATE/DEFACTO COMPLAIANANT:

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1. STATE OF KERALA

REPRESENTED BY PUBLIC PROSECUTOR

HIGH COURT OF KERALA

2. SUB INSPECTOR OF POLICE

NEDUMPUZHA POLICE STATION, THRISSUR DISTRICT

R BY PUBLIC PROSECUTOR SMT.MAYA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON

13-11-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 6959 of 2015 ()

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APPENDIX

PETITIONER(S)' EXHIBITS

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ANNEXURE A1:A CERTIFIED COPY OF THE JUDGMENT, MOTHER CASE

CC.NO.1186/2001 JFCM NO.II, THRISSUR CRIME NO.100/1998 OF NEDUMPUZHA

POLICE STATION

ANNEXURE A2:A CERTIFIED COPY OF THE THRISSUR JUDICIAL FIRST CLASS

MAGISTRATE COURT II CHARGE SHEET IN THE CASE OF CC.NO.2886/2015 CRIME

NO.100/1998 OF NEDUPUZHA POLICE STATION

ANNEXURE A3:A CERTIFIED COPY OF THE WITNESS LIST OF THE CC.NO.2886/2015

OF JFCM COURT II, THRISSUR

ANNEXURE A4:A CERTIFIED COPY OF THE SCENE MAHAZAR OF THE

CC.NO.2886/2015 OF JFCM COURT II, THRISSUR

RESPONDENT(S)' EXHIBITS : NIL

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// True Copy //

PA to Judge

B. KEMAL PASHA, J.

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Crl.M.C. No.6959 of 2015 C

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Dated this the 13^th day of November, 2015

O R D E R

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Petitioner was originally the 3^rd accused in Crime

No.100/1998 of Nedupuzha Police Station in which the final

report was taken on file by the Judicial First Class

Magistrate's Court-II, Thrissur as C.C. No.1186/2001. As

the 3^rd accused was absconding, the case against him was

split up and refiled. Presently, the case against the petitioner

is pending as C.C. No.2886/2015 before the Judicial First

Class Magistrate's Court-II, Thrissur. C.C. No.1186/2001

culminated in an acquittal. In the said judgment, it was held

that the 2^nd accused was only an employee of the company.

2.

According to the petitioner, he was also an

employee of the company and no legal liability can be

fastened on him in respect of the said transaction. Those

matters are based on evidence. Following the decision of

Crl.M.C.6959/2015

: 2 :

the Full Bench of this Court in Moosa Vs. Sub Inspector of

Police [2006 (1) KLT 552], the petitioner, being an

absconding accused, cannot encash the judgment of

acquittal passed by the court below as against the other

accused.

3.

At the same time, the court below can take note

of the said aspect and can take the case out of turn and

dispose it of, expeditiously.

With the above observation, this Crl.M.C. is dismissed.

Sd/-

(B.KEMAL PASHA, JUDGE)

aks/13/11

// True Copy //

PA to Judge