IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 Crl.MC.No. 4267 of 2011() ------------------------- AGAINST THE ORDER DATED 25/11/2011 IN CRMP.2385/2011 IN SC.164/2009 of ADDL. SESSIONS COURT (ADHOC-III), KASARAGODE .................... PETITIONER(S): ACCUSED ---------------------- 1. A.G. BINOY, S/O. GOPALAN, AGED 30 YEARS, ATHIYAN HOUSE, AJANOOR KADAPPURAM AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT 2. SUDHI @ SUDHEESH, S/O. HARIDAS, T.P. NIVAS, AJANOOR KADAPPURAM, AJANOOR VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT. 3. ANEESH, S/O. MANOHARAN, AJANOOR KADAPPURAM, AJANOOR VILLAGE, HOSDURG TALUK, KASARAGOD DISTRICT. 4. C.K. RATHEESH, S/O. BHASKARAN, AGED 24 YEARS, KOLAVAYAL, AJANOOR, AJANOOR VILLAGE HOSDURG TALUK, KASARAGOD DISTRICT. BY ADV. SRI.T.MADHU RESPONDENT(S): STATE -------------------- 1. THE STATION HOUSE OFFICER, HOSDURG POLICE STATION, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.RAJESH VIJAYAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Crl.MC.No. 4267 of 2011() APPENDIX PETITIONERS ANNEXURES ANX.A1 A TRUE COPY OF THE FIR IN CRIME NO. 193/2009 OF HOSDURG POLICE STATION. ANX.A2 A TRUE COPY OF THE PETITION IN CRL.M.P. 1435/2010 IN S.C. NO. 164/2009 ON THE FILE OF THE HON'BLE SESSIONS'S COURT (ADHOC-II), KASARAGOD. ANX.A3 A TRUE COPY OF THE ORDER DATED 24-1-2011 IN CRL.M.P. NO. 1435/2010 IN S.C. NO. 164/2009 ON THE FILE OF THE HON'BLE ADDITIONAL SESSIONS COURT (ADHOC-II) KASARAGOD. ANX.A4 A TRUE COPY OF THE ORDER DATED 7-2-2011 IN CRL. M.C. 359/2011 ON THE FILE OF THIS HON'BLE COURT. ANX.A5 THE TRUE CERTIFIED COPY OF THE ORDER DATED 25-11-2011 IN CRL. M.P. NO.2385/2011 IN S.C. NO. 164/2009 ON THE FILE OF THE ADDITIONAL SESSIONS COURT(ADHOC-III) KASARAGOD. ANX.A6 A TRUE COPY OF THE PETITION IN CRL. M.P. NO. 2385/2011 IN S.C. NO. 164/2009 ON THE FILE OF THE ADDITIONAL SESSIONS COURT (ADHOC-III) KASARAGOD. RESPONDENTS ANNEXURES NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K. BALAKRISHNAN, J. ------------------------------------------ Crl. M.C. No: 4267 OF 2011 ------------------------------------------ Dated this the 15th day of December, 2011 O R D E R It is a case where PWs 1 to 8 were examined earlier but they were not cross examined by the counsel defending the accused. Later, application was filed to recall PWs 3 to 5. Though that was dismissed by the trial Court, this Court allowed the petition on deposit of Rs.500/- each as cost. Thereafter, PWs 3 to 5 were cross examined. Again petition was filed to recall PW 8 and that was disallowed by the trial Court stating that the petitioner did not seek relief from this Court for getting PW 8 cross examined. 2. The learned counsel for the petitioners submits that it was not possible to cross examine PW 8 before the cross examination of PWs 3 to 5. However, the fact remains that PW 8 was examined earlier but the counsel absented himself. Therefore this petition is allowed but on the following terms: Crl. M.C. No: 4267 OF 2011 ( ) -2- 'The petitioner shall deposit Rs.500/- as cost to the State and will also deposit the actual amount payable to that witness as witness batta. That amount has to be calculated by the office of the trial Court. On deposit of the said amount PW 8 shall be recalled. It shall be ensured that PW 8 is cross examined on the same day itself.' N.K. BALAKRISHNAN, JUDGE jjj