IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 2ND JULY 2010 / 11TH ASHADHA 1932 Crl.MC.No. 2442 of 2010() ------------------------- SC.413/2009 of ADDL.SESSIONS COURT (AD HOC III), N.PARAVUR .................... PETITIONER/2ND ACCUSED: --------------- SIYOJ AGED 25 YEARS, S/O.YOHANNAN, CHERUMADAT HOUSE, TURAVOOR VILLAGE, ERNAKULAM. BY ADV. SRI.K.S.RAJEEV (ALUVA) RESPONDENT/STATE/ COMPLAINANT: --------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, ANGAMALY, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI.C.M.KAMMAPPU THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/07/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V.RAMKUMAR, J. ------------------------------------- Crl.M.C.No.2442 of 2010 -------------------------------------- Dated this the 2nd day of July, 2010 ORDER Heard both sides. Petitioner who is the second accused in S.C.No.413 of 2009 on the file of the Additional Sessions Court (Ad hoc-III), N.Paravur for an offence punishable under Section 395 read with Section 34 of I.P.C. seeks to quash Annexure-D order dated 2/6/2010 in C.M.P.No.447 of 2010 as per which the learned Additional Sessions Judge rejected his prayer to record his plea through his counsel. 2. There can be no exception taken to the request of the accused who made the request in view of the fact that he is shortly to enter upon his new employment abroad. Annexure-D is accordingly set aside and petitioner is permitted to plead for a discharge in absentia and the court below shall permit the petitioner to record his plea through his counsel. This Criminal M.C. is allowed as above. V.RAMKUMAR, JUDGE skj