IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN TUESDAY, THE 4TH OCTOBER 2011 / 12TH ASWINA 1933 Crl.MC.No. 3394 of 2011 --------------------------------- [S.C. NO.282/2006 OF THE ADDITIONAL SESSIONS COURT (FAST TRACK COURT-I, THIRUVANANTHAPURAM] ................ PETITIONER/ACCUSED 2: ------------------------------------- HAREESH BABU @ ANAND, S/O.K.PARAMESWARAN, HOUSE NO.1-66, KAILAS, T.C.9/2700, JAN VILLA LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADVS. SRI.M.RAJAGOPALAN NAIR, SRI. G. BIJU. RESPONDENT/COMPLAINANT & STATE: ---------------------------------------------------------- STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. BY PUBLIC PROSECUTOR SRI. B. JAYASURYA. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.M.C. NO.3394/2011: APPENDIX PETITIONER'S ANNEXURES:- ANNEXURE-I: COPY OF THE FINAL REPORT IN CRIME NO.169/2004 OF MUSEUM POLICE STATION. ANNEXURE-II: COPY OF THE DEPOSITION GIVEN BY PW1 BEFORE THE ADDITIONAL SESSIONS JUDGE, FAST TRACK COURT-I, THIRUVANANTHAPURAM. ANNEXURE-III: COPY OF THE DEPOSITION GIVEN BY PW2 BEFORE -DO-. ANNEXURE- IV: COPY OF THE DEPOSITION GIVEN BY PW3 BEFORE -DO-. ANNEXURE-V: COPY OF THE DEPOSITION GIVEN BY PW4 BEFORE -DO-. ANNEXURE-VI: COPY OF THE PETITION FOR EXEMPTION (C.M.P.NO.1910/2011) GIVEN BEFORE THE -DO-. ANNEXURE-VII: COPY OF THE ADVANCE PETITION (C.M.P.NO.1911/2011). ANNEXURE-VIII: COPY OF THE ORDER IN CRL.M.C. NO.5027/2010 OF THIS HON'BLE COURT. RESPONDENT'S ANNEXURES:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C No.3394 of 2011 ---------------------------------------------------- Dated this the 4th day of October, 2011 ORDER The petitioner is one of the accused who is now facing trial before the Additional Sessions Judge, Fast Track Court-I, Thiruvananthapuram. The charge against them was under Sections 143, 147, 148, 149, 450, 294(b), 323, 307 I.P.C. Pws1 to Pws11 were examined. 2. The learned counsel submits that all the eye witnesses were examined. Now, it is posted for further evidence to 14.10.2011 for examination of the other witnesses. The learned counsel submits that the petitioner has to join his office at Surat in Gujarat on 10.10.2011, as otherwise he will lose his job. According to the learned counsel as there is no evidence worth to be put to the accused under Section 313 of the CRPC, the examination under Section 313 is also not required. Whether the accused are to be questioned under Section 313 is to be decided by the learned Sessions Judge in the light of various decisions on the point. But, during the examination of the Crl.M.C No.3394 of 2011 2 witnesses, it is stated that the presence of the witnesses is not at all required since the question of identification does not survive. All the eye witnesses have already been examined. It is stated that they did not support the prosecution. Therefore, the learned Sessions Judge can permit the accused(petitioner herein) to be exempted from personal appearance at the time of examination of witnesses. If the accused is to be questioned under Section 313, the accused will appear before the Court, ofcourse, within a reasonable time which the learned Sessions Judge may grant. Sd/- N.K. BALAKRISHNAN, JUDGE jma //true copy// P.A to Judge