IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 23RD DAY OF JUNE 2022 / 2ND ASHADHA, 1944
CRL.MC NO. 3856 OF 2022
[SC 664/2018 ON THE FILE OF THE IIND ADDITIONAL ASSISTANT
SESSIONS COURT, THRISSUR]
[CRIME NO.151/2005 OF CHAVAKKAD POLICE STATION]
PETITIONER/S:
VEERAMANI
AGED 35 YEARS
S/O SUBRAMANIAN, ALUNGAL HOUSE, ERATTAPUZHA, P.O.
BLANGAD, CHAVAKKAD TALUK, THRISSUR DISTRICT., PIN -
680506
BY ADV RAJIT
RESPONDENT/S:
STATE OF KERALA REP. BY PUBLIC PROSECUTOR HIGH COURT OF
KERALA, ERNAKULAM., PIN - 682031
ADV. M.P.PRASHANTH SR P P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
23.06.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC No.3856 of 2022 2
ORDER
The petitioner is the sole accused in S.C.No.664/2018 on the file of the IInd Additional Assistant Sessions Court, Thrissur. The aforesaid case arises from Crime No.151/2005 of Chavakkad Police Station. The final report was submitted in the aforesaid crime citing 27 accused persons in the party array. The offences alleged against the petitioners are under Sections 143,147,148,324,326,120(B)r/w. Section 149 of the Indian Penal Code (IPC).
2. The prosecution case is that, on 15.03.2005 at 9.30 p.m. on account of political enmity, the petitioners have formed themselves into an unlawful assembly armed with deadly weapons and attacked CW2 and CW3 causing grievous hurt to them. Annexure-1 is the F.I.R. CRL.MC No.3856 of 2022 3 and Annexure-2 is the final report submitted by the police. This Crl.M.C. is filed to quash Annexure-2 final report and all further proceedings thereto. An alternative prayer was also sought by the petitioner for a direction to the IInd Additional Assistant Sessions Judge to advance S.C.No.664/2018 and to dispose of the same before 30.06.2022.
3. When this Crl.M.C. came up for consideration, a report was called for from the IInd Additional Assistant Sessions Judge, Thrissur as to the status of S.C.No.664/2018 and also to convey the time required for completing the proceedings in the aforesaid case. In pursuance of the same, a report was submitted by the learned IInd Additional Assistant Sessions Judge, Thrissur wherein it is submitted that, 44 witnesses in the case are to be examined and out of which 20 witnesses CRL.MC No.3856 of 2022 4 are cited by the prosecution as eye witnesses. It is also pointed out that, taking into account the aforesaid aspect, he shall take every endeavour to dispose of the case within four months.
4. The learned counsel for the petitioner points out that, the urgency in the disposal of the case is that, the petitioner is working abroad and he has to go back to duty on 01.07.2022.
5. Considering the facts and circumstances of the case, I am of the view that, the prayer sought for by the petitioner for early disposal of the case cannot be taken into consideration. At this juncture, the learned counsel for the petitioner submits that, he may be granted exemption from personal appearance before the trial court. It is also pointed out that, he will not raise a contention regarding his CRL.MC No.3856 of 2022 5 identity during the course of trial. However, this is a matter which can be raised before the trial court and seek appropriate orders in this regard.
In such circumstances, this Crl.M.C. is disposed of without prejudice to the right of the petitioner to submit an application for exemption from personal appearance before the trial court. If any such application is submitted by the petitioner, the same shall be taken into consideration and pass appropriate orders as expeditiously as possible.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE pkk CRL.MC No.3856 of 2022 6 APPENDIX OF CRL.MC 3856/2022 PETITIONER'S ANNEXURES:
Annexure1 A TRUE COPY OF THE FIR REGISTERED BY THE CHAVAKKAD POLICE IN CRIME NO 151 OF 2005 Annexure2 A TRUE COPY OF THE FINAL REPORT FILED BY THE CHAVAKKAD POLICE Annexure3 A TRUE COPY OF THE SALARY CERTIFICATE OF THE PETITIONER EVIDENCING THE SAID FACT Annexure4 A TRUE COPY OF THE JOB VISA ISSUED TO THE PETITIONER Annexure5 A TRUE COPY OF THE JUDGMENT DATED 9/12/2011 IN SC NO 331/2008 OF THE 2ND ADDITIONAL ASSISTANT SESSIONS COURT, (THRISSUR SUB COURT) Annexure6 A TRUE COPY OF THE PROCEEDINGS IN RESPECT OF SC NO 664 OF 2018 OF THE 2ND ADDITIONAL ASSISTANT SESSIONS COURT, THRISSUR. (SUB COURT THRISSUR ) Annexure7 A TRUE COPY OF THE PROCEEDINGS DATED 24/05/2022 IN SC NO 664/2018 OF THE 2ND ADDITIONAL ASSISTANT SESSION COURT, THRISSUR (SUB COURT, THRISSUR)