The petitioner herein has been facing prosecution under Sections 279, 337 and 304(A) IPC in C.C.No.1130/2006 before the Chief Judicial Magistrate Court, Ernakulam. Trial in the said case is mid-way. When the petitioner remained absent consistently, the learned Magistrate issued warrant of arrest against him. At that juncture, he made this application under Section 482 of the Code of Criminal Procedure to quash the prosecution on the ground that the material witnesses have not in fact supported the prosecution, and that no purpose will be served in proceeding with the prosecution further.
2. On hearing the learned counsel for the petitioner, and the learned Public Prosecutor, I find that the relief as sought by the petitioner cannot be granted. Once trial is commenced and the trial is mid-way, the prosecution can be closed only by the trial court, either by conviction or by acquittal. Discharge as sought by the petitioner is also not possible in this case. If at all there is no evidence, the petitioner can confidently face trial because he will get Crl.M.C No.5983 of 2014 2 acquittal. It appears that he seeks relief now only because there is a warrant of arrest against him. He will have to approach the trial court for bail afresh. Instead of surrendering before the learned Magistrate and applying for bail afresh, he pursued a short cut under Section 482 of the Code of Criminal Procedure. This cannot be entertained. I do not think that the learned Magistrate will deny bail to him when the offences are in fact bailable. If he could explain his consistent absence during proceedings, no doubt, he will get bail afresh on conditions.
In the result, this Crl.M.C is closed with observation that the petitioner will have to surrender before the learned Magistrate, and seek regular bail under Section 437 of the Code of Criminal Procedure. The trial court is directed, that application for bail, if filed by the petitioner, shall be judiciously considered and decided on the date of surrender itself, however with notice to the Assistant Public Prosecutor.
P.UBAID JUDGE ab