Kerala High Court
Antony Varghese @ Antony Varghese ... vs Inspector Of Police on 10 October, 2024
Author: K.Babu
Bench: Bechu Kurian Thomas, K.Babu
2024:KER:75423
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Crl.M.C No.8425 of 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
THURSDAY, THE 10TH DAY OF OCTOBER 2024 / 18TH ASWINA, 1946
CRL.MC NO. 8425 OF 2024
CRIME NO.RC 12(A)/1999 OF CBCID, ERNAKULAM
AGAINST THE ORDER/JUDGMENT DATED 27.09.2024 IN CC NO.765 OF
2002 OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM
PETITIONER/PETITIONER/4TH ACCUSED:
ANTONY VARGHESE @ ANTONY VARGHESE KOLUTHARA,
AGED 74 YEARS,
S/O.LATE K.P.VARGHESE, KOLUTHARA HOUSE,
MANAPPURAM.P.O., CHERTHALA VIA,
ALAPPUZHA DISTRICT, PIN - 688526.
BY ADVS.
DINESH MATHEW J.MURICKEN
VINOD S. PILLAI
NAYANA VARGHESE
MOHAMMED THAYIB N.M.
RIA VARGHESE
JERRY PETER
RESPONDENT/RESPONDENT/COMPLAINANT:
INSPECTOR OF POLICE,
C.B.I. COCHIN, ERNAKULAM,
REPRESENTED THROUGH THE STANDING COUNSEL,
HIGH COURT OF KERALA,
ERNAKULAM, KOCHI, PIN - 682031
BY ADV
SRI.SREELAL.N.WARRIER, SPECIAL PUBLIC PROSECUTOR
FOR CBI.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON 10.10.2024, THE COURT ON THE SAME DAY PASSED THE
FOLLOWING:
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Crl.M.C No.8425 of 2024
K.BABU, J.
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Crl.M.C No.8425 of 2024
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Dated this the 10th day of October, 2024
ORDER
The challenge in this Criminal M.C is to the order dated
27.09.2024 passed by the Chief Judicial Magistrate, Ernakulam in
C.M.P No.8715/2024 in C.C No.765/2002.
2. The petitioner is accused No.4 in C.C No.765/2002. The
learned Chief Judicial Magistrate scheduled the case for trial. The
examination of PWs 1 to 6 has been completed. On 27.09.2024, the
examination of CW17 was scheduled. On that day, the petitioner
appeared in person and submitted an application seeking
adjournment of the trial on the ground that the counsel engaged by
him is unable to appear and contest the case due to Chronic
Cardiac Ailments. The petitioner submitted that his lawyer was
diagnosed with Coronary Artery disease and Acute Pulmonary
Edema. The petitioner further submitted that his counsel has been
admitted in Renai Medicity Hospital, Palarivattom. The Doctor
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advised the counsel that he has to undergo a bypass surgery. The
petitioner submitted that the counsel is unable to appear before the
Court for the next three months. The learned Magistrate rejected
the application stating that the case is more than 20 years old and
the High Court has given direction to dispose of the case at the
earliest.
3. I have heard the learned counsel for the petitioner and the
learned Special Public Prosecutor for the CBI.
4. The learned counsel for the petitioner submitted that
Advocate Sri.S.Krishnakumar has been dealing with the case for
the last 20 years, and therefore, engaging another lawyer by the
petitioner to defend the case at this stage may cause prejudice to
him. The learned counsel also submitted that the counsel will be
ready to appear for the accused on 23.12.2024. It is further
submitted that if the counsel now engaged by the petitioner finds
any difficulty to appear on 23.12.2024, he will engage another lawyer
of his choice.
5. The learned Special Public Prosecutor for the CBI
submitted that in the event the trial is adjourned, it shall be as a
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last chance as the case is 20 years old.
6. Having regard to the fact that the counsel appearing for the
petitioner is suffering from Chronic Cardiac Ailments, the Trial
Court is directed to re-schedule the trial from 23.12.2024. The Trial
Court shall conduct day-to-day trial from 23.12.2024. The CBI shall
see that the Special Prosecutor is available to prosecute the case.
The Criminal M.C is disposed of as above.
Sd/-
K.BABU,
JUDGE
KAS
2024:KER:75423
PETITIONER ANNEXURES
Annexure A1 TRUE COPY OF THE CHARGE SHEET DATED
23.06.1999 IN C.C.NO.765/2002 BEFORE
THE CHIEF JUDICIAL MAGISTRATE COURT,
ERNAKULAM
Annexure A2 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 06.09.2024 ISSUED BY DR.VINOD
THOMAS, RENAI MEDICITY MULTI SPECIALTY
HOSPITAL, ERNAKULAM
Annexure A3 TRUE COPY OF THE MEDICAL CERTIFICATE
DATED 19.09.2024 ISSUED BY DR.VINOD
THOMAS, RENAI MEDICITY MULTI SPECIALTY
HOSPITAL, ERNAKULAM
Annexure A4 TRUE COPY OF THE C.M.P.NO.8715/2024 IN
CC.NO.765/2002 ON THE FILE OF THE CHIEF
JUDICIAL MAGISTRATE COURT, ERNAKULAM
DATED 26.09.2024
Annexure A5 CERTIFIED COPY OF THE ORDER IN
PASSED BY THE CHIEF JUDICIAL MAGISTRATE
COURT, ERNAKULAM DATED 27.09.2024
