Shinse v. State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE P.UBAID MONDAY, THE 2ND DAY OF MARCH 2015/11TH PHALGUNA, 1936 Crl.MC.No. 1268 of 2015 () --------------------------- CC 348/2011 of JUDICIAL FIRST CLASS MAGISTRATE COURT,ALATHUR CRIME NO. 337/2010 OF NENMARA POLICE STATION , PALAKKAD DISTRICT ================ PETITIONER/ACCUSED:

---------------------------------- SHINSE, AGED 33 YEARS S/O.SKARIA, MUNDAPPANAL HOUSE, MINOR CITY KAKKUZHI NAGAR, KALKUNTHEL VILLAGE NEDUMKANDAM, IDUKKI.

BY ADVS.SRI.PHILIP T.VARGHESE SRI.THOMAS T.VARGHESE SMT.ACHU SUBHA ABRAHAM SMT.K.R.MONISHA RESPONDENTS/STATE AND COMPLAINANT:

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1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM-682031.

2. THE STATION HOUSE OFFICER THALASSERY POLICE STATION, THALASSERY KANNUR DISTRICT-670 101.

3. THE STATION HOUSE OFFICER NENMARA POLICE STATION, NENMARA PALAKKAD DISTRICT-678 508.

BY Sr. PUBLIC PROSECUTOR SMT. SAREENA GEORGE P. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02-03-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1268 of 2015 () APPENDIX PETITIONER'S EXHIBITS ----------------------------------- ANNEXURE A1 : TRUE COPY OF FIR IN CRIME NO.337/2010 OF NENMARA POLICE STATION DATED 03-09-2010.

ANNEXURE A2 : TRUE COPY OF FIR IN CRIME NO.1242/2010 OF THALASERRY POLICE STATION DATED 19-10-2010.

ANNEXURE A3 : TRUE COPY OF FINAL REPORT IN CC.NO.348/2011 ON THE FILE OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT, ALATHUR DATED 31-12-2010.

ANNEXURE A4 : TRUE COPY OF THE SAID ORDER OF THE SESSIONS COURT, THALASSERY IN CRL.M.C.NO.1647/2014 DATED 14-01-2015. RESPONDENTS' EXHIBITS -------------------------------------- NIL // TRUE COPY // P.A. TO JUDGE SD

P. UBAID, J.

--------------------------------------- Crl.M.C. No.1268 of 2015 --------------------------------------- Dated this the 2nd day of March, 2015

O R D E R

The petitioner herein is involved as accused in two crimes; one of the Nenmara Police Station, and the other of the Thalassery Police Station. The allegations in two crimes are exactly similar. There is final report in one crime, but the other is under investigation. The petitioner now seeks orders under Section 482 Cr.P.C., directing the petitioner to be tried together at one trial in respect of the cases registered against him. It is not known how it is possible now. One is a crime registered in the Thalassery Police Station in Kannur District, and the other is a crime registered in Palakkad District. The cases will be tried in two different courts. Of course, in one there is already a final report, but the other is still under investigation. This is not the stage to consider the request. When one case is under investigation, the court cannot pass any orders for jointer of charges or joint trial. The petitioner will have to wait, and come at the appropriate stage.

This Crl.M.C. is accordingly closed.

Sd/- P. UBAID, JUDGE sd