IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 7TH JUNE 2010 / 17TH JYAISTHA 1932 WP(C).No. 17472 of 2010(Q) -------------------------- CRIME NO.232/1988 OF PATHANAPURAM POLICE STATION PETITIONER(S): ----------------------- BAVA RAWTHER ADOM,ETTIVILA VEEDU, IDATHARA,PATHIRICKAL MURI,PATHANAPURAM VILLAGE. BY ADV. SRI.MANOJ RAMASWAMY SRI.K.T.THOMAS (KANNAMPALLIL) RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE CIRCLE INSPECTOR OF POLICE,PUNALUR. GOVERNMENT PLEADER SRI.S.U.NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = W.P.(C) No.17472 of 2010 = = = = = = = = = = = = = = Dated this the 7 th day of June, 2010 JUDGMENT Petitioner, who is the 2nd accused in Crime No.232 of 1988 of Pathanapuram Police Station for offences punishable under Sections 143,147,148,324,326,307,379 and 427 read with 149 IPC and now pending before the Assistant Session Court, Kottarakkara as S.C.No.92 of 1989 seeks an early disposal of the said case. 2. The main case S.C.No.92/1989 from which the petitioner's case was refiled consequent on his abscondance, proceeded against the other accused persons and ended in their aquittal under Section 232 Cr.P.C as evidenced by Ext.P1 judgment dated 26.9.1991. 3. According to the petitioner, after he surrendered before the trial court, the case against him which was in the Long Pending Register as L.P.No.7/2002 was re-assigned as S.C.No.592/2008. He has now secured an employment abroad. That is the reason put forward for early disposal of the said case. W.P.(c) No.17472 of 2010 2 4. Having regard to the pendency of cases before that court, it may not be possible for the Assistant Sessions Judge to take up the case of the petitioner out of turn and dispose it of expeditiously after trial. In case the question of identity does not arise for consideration, the petitioner may file a petition incorporating appropriate averments for personal exemption during trial. In case such an application is filed before the Session Court, the learned Sessions Judge shall allow the same and shall not insist upon the personal appearance of the petitioner, unless it is absolutely necessary. This writ petition is disposed of as above. Dated this the 7th day of June, 2010. V. RAMKUMAR, JUDGE sj