IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 33599 of 2008(Y) -------------------------- PETITIONER(S): --------------- VATTAPPARA SANTHA, 58 YEARS, W/O.VERUKANDY NANU VERUKANDY HOUSE, PATHIRIYADU PO., PINARAYI VALANKICHAL, KANNUR. BY ADV. SRI.S.RAJEEV RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. HOME SECRETARY, GOVT.SECRETARIAT THIRUVANANTHAPURAM. 3. ADDL.SECRETARY TO GOVERNMENT HOME DEPARTMENT , THIRUVANANTHAPURAM. 4. DISTRICT COLLECTOR KANNUR, KANNUR. 5. SUPERINTENDENT OF POLICE, KANNUR. 6. STATION HOUSE OFFICER, KOOTHUPARAMBA POLICE STATION (CRIME NO.547/2002 OF KOOTHUPARAMBA POLICE STATION) ADDL. R7. UMESH BABU, S/O. KUNJIRAMAN, AGED 41, ERUMBATH HOUSE, PUTHIRYAD, KOOTHUPARAMBU. IMPLEADED AS ADDL R7 AS PER ORDER DATED 24/11/08 IN I.A.NO.14790/08. BY G.P. SRI. S.U. NAZAR. ADV. SRI.K.S.MADHUSOODANAN FOR ADDL.R7 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/12/2008, THE COURT ON 03/12/2008 DELIVERED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - W.P.C.No. 33599 of 2008 Y - - - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of December, 2008 JUDGMENT The petitioner is the mother of a deceased person and in respect of such death prosecution is pending before the Addl. Sessions Court, Tellicherry as S.C. 4 of 2004. The petitioner's application for appointment of a Special Prosecutor has been turned down by the Government. The matter stands listed for trial from 15.12.08 to 18.12.08. 2. In the course of discussions at the Bar, efforts were made to make sure that the listing from 15.12.08 to 18.12.08 is not disturbed. The learned counsel for the petitioner, after taking instructions, submits that the petitioner shall be satisfied if the petitioner is permitted to engage a private counsel under Section 301(2) Cr.P.C. and it is further ensured that one of the Prosecutors holding office at Tellicherry – Sri. Babu Sathyanath – is placed in charge of the prosecution. The learned Director General Prosecutions, who is present in Court, submits W.P.C.No. 33599 of 2008 2 that to avoid any further delay, that arrangement can be accepted. I am, in these circumstances, satisfied that this writ petition can now be allowed with appropriate directions. 3. This Writ Petition is allowed. As agreed by the learned Director General of Prosecutions, Sri.Babu Sathyanath, Addl. Public Prosecutor, Tellicherry shall be placed in charge of S.C. 4 of 2004. The petitioner shall be permitted to engage a counsel in terms of Section 301(2) Cr.P.C. (R. BASANT) Judge tm