Kerala High Court
Ratheesh vs State Of Kerala on 26 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SHIRCY V.
FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943
Crl.MC.No.1875 OF 2021(D)
AGAINST THE ORDER/JUDGMENT IN SC 331/2015 OF SPECIAL COURT FOR THE
TRIAL OF OFFENCES AGAINST CHILDREN (ADDITIONAL SESSIONS COURT-I),
MANJERI
CRIME NO.118/2013 OF PARAPPANGADI POLICE STATION, MALAPPURAM
PETITIONERS/ACCUSED 1 TO 3:
1 RATHEESH
AGED 40 YEARS
S/O. NARAYANAN, CHEENIKKAPPARAMBIL HOUSE, VARODE,
OTTAPALAM TALUK, PALAKKAD DISTRICT.
2 NARAYANAN
S/O. NAGAN, CHEENIKKAPPARAMBIL HOUSE, VARODE,
OTTAPALAM TALUK, PALAKKAD DISTRICT.
3 RAJANI
W/O. NARAYANAN, CHEENIKKAPPARAMBIL HOUSE, VARODE,
OTTAPALAM TALUK, PALAKKAD DISTRICT.
BY ADV. SRI.P.JAYARAM
RESPONDENT:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM.
M.R.DHANIL -P.P
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
26.03.2021, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C.No.1875 OF 2021
2
ORDER
Dated this the 26th day of March 2021
Petitioners are accused Nos.1 to 3 in S.C.No.331/2015
pending before the Special Court for the trial of offences against
children (Additional Sessions Court-I) Manjeri.
2. This petition has been moved by the petitioners
contending that the 3rd petitioner is completely laid up and is not in
a position to attend the trial of the case which stands posted for
examination of the witnesses from 29.03.2021. Of course the
petitioners have moved the court concerned with a criminal
miscellaneous petition but their petition was dismissed by the court
by an order dated 23.03.2021.
3. The learned counsel for the petitioners would submit that
the 3rd petitioner is completely laid up and she is not fit enough to
attend the trial of the case. In support of the contention she has
produced laboratory report issued from the Taluk Head Quarters
Hospital, Ottappalam as well a discharge card issued from the very
same hospital. The discharge card would reveal that she was
admitted as an inpatient on 28.02.2021 and discharged on
05.03.2021. The other report only shows that she had undergone
Crl.M.C.No.1875 OF 2021
certain investigations while she was admitted in the hospital.
Though the learned counsel for the petitioners would submit that
she is completely laid up, unable to attend the court proceedings no
medical certificate has been produced to substantiate the said
contention.
In the absence of a medical certificate issued by a competent
doctor, this Court is unable to accept the argument addressed by
the learned counsel for the petitioners. Therefore, I am compelled
to dismiss this petition.
Hence, this Crl.M.C is dismissed.
Sd/-
SHIRCY V.
JUDGE
mpm
Crl.M.C.No.1875 OF 2021
APPENDIX
PETITIONERS' EXHIBITS:
ANNEXURE A1 COPY OF THE ORDER DATED 23.03.2021 IN
CRL. M.P.NO.695/2021 IN S.C.NO.331/2015
ON THE FILES OF SPECIAL COURT FOR THE
TRIAL OF OFFENCES AGAINST CHILDREN (ADDL.
SESSIONS COURT -I), MANJERI.
ANNEXURE A2 THE TRUE COPY OF THE LABORATORY REPORT OF
THE 3RD PETITIONER DATED 1.03.2021 FROM
TALUK HEAD QUARTERS HOSPITAL, OTTAPALAM.
ANNEXURE A3 TRUE COPY OF THE DISCHARGE CARD DATED
5.03.2021 ISSUED TO THE 3RD PETITIONER
FROM TALUK HEAD QUARTERS HOSPITAL,
OTTAPALAM.
