CHERICHI MUTHALIB Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner who is the accused in S.C. No. 771/08 now pending as L.P. No. 41/09 before Assistant Sessions Court, Payyannur seeking issuance of certain directions under Section 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that petitioner is the accused in Crime No. 80/02 of Pazhayangadi Police Station alleging commission of the offences under Section 55(a) of the Abkari Act. After investigation, final report was filed and thereafter, it was committed to the Court of Sessions and taken on file as S.C. No. 771/08 and thereafter, made over to Assistant Sessions Court, Payyannur for disposal and it is pending before that court. He could not appear before the court below as he went abroad in connection with his employment. So, the case was transferred to register of long pending cases and warrant is pending against him. The offence against him will not lie and if he surrenders, he apprehends that he will be remanded to custody without considering his bail application as well. So, the petitioner has no other remedy except to approach this court seeking the following reliefs:

(3.) When the application came up for hearing today on admission, the Counsel for the petitioner submitted that he is not pressing the first prayer and he will agitate the same before the court below. So, the first prayer is dismissed as not pressed.