Bhasi @ Bhaskaran v. State Of Kerala

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 () --------------------------- 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:

---------------------------------------------- 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 () --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- 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 --------------------------------------- // True Copy // PA to Judge

B. KEMAL PASHA, J.

````````````````````````````````````````````````````````````` Crl.M.C. No.6959 of 2015 C ````````````````````````````````````````````````````````````` Dated this the 13th day of November, 2015

O R D E R

~ ~ ~ ~ ~ ~ Petitioner was originally the 3rd 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 3rd 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 2nd 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