IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933 Crl.MC.No. 1510 of 2011() ------------------------------------- SC.9/2011 OF ASSISTANT SESSIONS COURT, MAVELIKKARA .................... PETITIONERS/3RD ACCUSED: -------------------------------------------- VIPIN DAS, AGED 23 YEARS, S/O.SIVADASAN, V.V. HOUSE, PONNEZHA MURI, THEKKEKARA VILLAGE, MAVELIKARA TALUK. BY ADV. SRI.R.PADMAKUMAR RESPONDENTS/STATE & DEFACTO COMPLAINANT: ---------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUJITH, AGED 30 YEARS, S/O.SUKUMARAN NAIR, CHAKKALAYIL, KURATHIKADU MURI, THEKKEKARA VILLAGE. R1 BY PUBLIC PROSECUTOR MR.V. MANU. R2 BY ADV. SRI.V.VIJULAL. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: rs Crl.MC.No. 1510 of 2011 APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-I: COPY OF THE F.I.R. IN S.C.9/2011 BEFORE THE ASSISTANT SESSIONS COURT, MAVELIKARA. ANNEXURE-II: COPY OF THE F.I.R. IN S.C.9/2011 BEFORE THE ASSISTANT SESSIONS COURT, MAVELIKARA. ANNEXURE-III: COPY OF THE CHARGE SHEET IN S.C.9/2011 BEFORE THE ASSISTANT SESSIONS COURT, MAVELIKARA. ANNEXURE-IV: COPY OF THE AFFIDAVIT SUBMITTED BY THE 2ND RESPONDENT. RESPONDENTS ANNEXURES: NIL. //TRUE COPY// P.A. TO JUDGE rs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.No.1510 of 2011 --------------------------------------- Dated this 23rd day of June, 2011 ORDER Petitioner is the third accused in S.C.No.9 of 2011 of the Court of learned Assistant Sessions Judge, Mavelikkara for offences punishable under Secs.323, 341 and 308 r/w Sec.34 of the Indian Penal Code. Allegation is that petitioner and others attempted to cause death of the second respondent and voluntarily caused hurt to him. Learned counsel submits that petitioner is not involved in the case. It is contended that petitioner wants to go abroad within two months in connection with employment. Hence it is requested that proceeding against petitioner may be quashed in the light of the settlement with the second respondent. 2. At the time of hearing learned counsel requested that petitioner may be permitted to plead discharge in absentia. 3. I make it clear that it is open to the petitioner to request learned Assistant Sessions Judge, Mavelikkara to permit him plead discharge in absentia and if necessary conduct the trial in absentia, appearing through counsel. If any such request is made learned Assistant Sessions Judge shall consider the request Crl.M.C.No.1510 of 2011 -: 2 :- and pass appropriate orders having regard to the alleged role of petitioner in the alleged incident and his need to go abroad. Learned Assistant Sessions Judge shall take all steps to expedite the trial and dispose of the case if such a situation is warranted having regard to the need of petitioner to go abroad within two weeks. This criminal miscellaneous case is disposed of as above. (THOMAS P JOSEPH, JUDGE) Sbna/-