Veeramani vs State Of Kerala
2022 Latest Caselaw 7191 Ker

                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.

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

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

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

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)