The petitioners herein are the original accused Numbers 2, 4, 6 and 7 in S.C No.27/2008 of the Court of Session, Trissur. The other four accused in the crime faced trial before the learned Principal Assistant Sessions Judge in S.C No.27/2008, and obtained a judgment of acquittal on 9.1.2012 under Section 232 Cr.P.C, when all the material whitenesses turned hostile to the prosecution in view of a settlement made by the parties out of court. The case against these petitioners was split up and refiled, when they absconded during the trial process. Now it is pending as C.C No.80/2012 before the court of Session. They now seek orders quashing the prosecution on the ground that continuance of prosecution in the above circumstances will not serve any purpose. Annexure A3 judgment in C.C No.27/2008 shows that during trial in C.C No.27/2008 none of the material witnesses supported prosecution. In the absence of any incriminating evidence or circumstance the learned trial Judge acquitted the other four accused under section 232 Cr.P.C. In view of the evidence of the Crl. M.C No. 6627 of 2014 2 material witnesses which does not contain anything against the accused, all the remaining witnesses were given up by the learned Public Prosecutor in charge of the case. No doubt, the prosecution cannot in any manner improve the case, if it goes to trial against the petitioner herein. The material witnesses who turned hostile to the prosecution cannot in any manner support the prosecution, if the case proceeds against these petitioners. Continuance of prosecution as against these petitioners will be a sheer waste of time. In the above circumstances, the prosecution against them can be quashed under Section 482 Cr.P.C. In the result, this petition is allowed. The prosecution against the petitioners herein in S.C No.80/2012 before the learned Principal Assistant Sessions Judge, Trissur will stand quashed under section 482 Cr.P.C. Accordingly, the petitioners will stand released from prosecution, and the bail bond, if any, executed by them will stand discharged.
P.UBAID, JUDGE sab