IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 20TH JULY 2010 / 29TH ASHADHA 1932 Crl.MC.No. 2759 of 2010() ------------------------- SC.125/2010 of ADDL. SESSIONS COURT (ADHOC-II), ERNAKULAM .................... PETITIONER(S): ACCUSED ---------------------- RATHEESH,S/O.RAMCHANDRAN,AGED 27 YEARS, PANACKAPADAM HOUSE,THAMMANA.P.O. BY ADV. SRI.C.P.PEETHAMBARAN RESPONDENT(S): COMPLAINANT -------------------------- THE STATION HOUSE OFFICER,PALARIVATTOM POLICE STATION,ERNAKULAM,REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR MR.C.S.HRITHICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No. 2759 OF 2010 -------------------------------------- Dated this the 20th day of July, 2010 ORDER Petitioner, who is stated to be a Lt. Colonel in the Indian Navy and presently an accused in S.C.No.125/2010 on the file of the Additional Sessions Court (Adhoc-II), Ernakulam for an offence punishable under Sections 420, 376 and 306 IPC, seeks an opportunity of being heard at the stage of preliminary hearing under Section 227 Cr.P.C and in case a charge is framed, to expedite the proceedings in the above Sessions case. 2. Since the learned Sessions Judge is yet to conduct the preliminary hearing under Section 227 Cr.P.C, the Petitioner is given an opportunity to plead for a discharge in absentia by filing a petition through his counsel. In case the petitioner files such a petition, the learned Sessions Judge shall not insist on the personal appearance of the petitioner for the disposal of the said petition. If the court below after hearing both sides frames a charge against the petitioner, then an earnest endeavour shall be made to complete the trial and dispose of the case expeditiously, since according to the petitioner this case has virtually marred his marriage prospects. V.RAMKUMAR, JUDGE dmb