IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 9TH JUNE 2009 / 19TH JYAISHTA 1931 Crl.MC.No. 1772 of 2009() ------------------------- SC.140/2009 of ADHOC III COURT, N .PARAVUR .................... PETITIONER(S): ACCUSED: ----------------------------------------- E.N.SUDHI, AGED 73 YEARS, S/O. E.NARAYANAN,EDAKKATTU HOUSE, AISWARYA, OPP.SAMOOHAM SCHOOL, N.PARAVUR. BY ADV. MR.K.V.SABU RESPONDENT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No.1772 OF 2009 =========================== Dated this the 9th day of June,2009 ORDER Petitioner is the accused in S.C.140/2009 pending before Additional Sessions Court III, North Paravur. The offences alleged against the petitioner are under section 376 of Indian Penal Code and Section 3(1) (XII) of Scheduled Castes & Scheduled Tribes (Prevention of Atrocities)Act, 1989. This petition is filed under section 482 of Code of Criminal Procedure for permission to appear and plead through the counsel. Case of the petitioner is that he is suffering from acute bone cancer and was under the treatment at Amala Hospital, Thrissur and he is now being treated at Amritha Institute of Medical Science, Ernakulam and because of his physical condition he is not in a position to appear and plead before the court and hence he is to be permitted to appear and plead through the counsel. Petitioner contended that he had filed an application before the Sessions Court but the application was not received. 2. If the petitioner is not in a position to Crl.M.C.1772/2009 2 appear before the court due to his health condition and he files an application under section 205 and satisfies the Sessions Court that due to the health conditions he cannot appear and therefore he is permitted to plead through the counsel, Sessions Judge has to pass appropriate order in accordance with law. Petitioner is at liberty to approach the Sessions Judge by filing an appropriate application. If such an application is filed, Sessions Judge to pass appropriate orders in accordance with law. Petition is disposed accordingly. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006