The Criminal Miscellaneous Case is filed with the prayer to quash the impugned Annexure-A1 Final Report dated 20.4.2009 in Crime No.108/2009 of Valapattanam Police Station which has led to S.C.No.284/2009 on the file of the Sessions Court, Thalassery and in the alternative praying for permission to surrender before the trial court and seek bail within one month from today and to keep in abeyance the warrant in the meanwhile.
2. Petitioner is the accused in S.C.No.284/2009 on the file of the Sessions Court, Thalassery. The allegation against the petitioner is that he had made attempt to commit rape on the 3rd respondent's (defacto complainant) daughter. The police has registered Crime No.108/2009 of Valapattanam Police Station against the petitioner for offences under Section 511 of 376 IPC. It is averred that the petitioner was regularly appearing before the trial court and that on 21.7.2014 the petitioner could not appear before the trial court since his leg ::2::
Crl.M.C.No.4272 Of 2014 was broken and that the petitioner had applied for absence but it was dismissed and warrant was issued against the petitioner. It is further averred that the entire allegations raised against the petitioner in the impugned Annexure-A1 Final Report which has led to the sessions case are false and that no such incident was happened and even if the entire allegations are taken as true, no offence will be attracted against the petitioner.
3. As regards the prayer of the petitioner to surrender before the trial court and seek bail and to keep in abeyance the warrant in the meanwhile etc, it is for the petitioner to move appropriate application for recall of the warrant showing the reasons that disabled him from appearing on the day in question and also to file separate application for bail before the Sessions Court concerned. If such application is filed, it is for the Sessions Court concerned to take into consideration such application for recall of warrant after due consideration and advertence of the reasons shown by the petitioner in such application and to consider such bail application on the same day and pass orders in accordance with law. Needless to say that since the investigation has been completed the custodial ::3::
Crl.M.C.No.4272 Of 2014 detention may not be warranted. It is further ordered that until the Sessions Court concerned take a decision on the applications as stated above, further coercive steps in pursuance of the impugned warrant issued against the petitioner shall be kept in abeyance. As regards the prayer of the petitioner for quashing the Final Report/Charge Sheet which has led to the Sessions Case, it is made clear that in case the charge has not been framed, it is open to the petitioner to file appropriate application seeking discharge by stating cogent reasons for discharge in the application. It is for the Sessions Court concerned to consider such application for discharge and pass appropriate orders thereon without much delay.
With these observations and directions the Crl.M.C is finally disposed of.
bkn/-
ALEXANDER THOMAS, Judge.