IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 28TH SEPTEMBER 2010 / 6TH ASWINA 1932 Crl.MC.No. 2357 of 2009() ----------------------------------------- SC.268/2000 of ADDL.SESSIONS COURT (SPL.COURT), KOTTAYAM .................... PETITIONER(S): ----------------------- SEENA, AGED 29, D/O.ABDUL WAHID, THOTTARIKATHU VEEDU, THOTTUMUKKU, THOLIKODE, NEDUMANGADU, TRIVANDRUM. BY ADV. SMT.PREETHI K.PURUSHOTHAMAN RESPONDENT(S): COMPLAINANT ------------------------------------------------ STATE OF KERALA, REPRESENTED BY DY.S.P., CRIME BRANCH, SIG-2, ERNAKULAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 28/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2357 of 2009 -------------------------- ORDER Petitioner is the prosecutrix in several cases pending before Special Court, Kottayam, including S.C.Nos.267/2000 and 268/2000. When petitioner failed to appear on receipt of summons, learned Special Judge issued bailable warrant. This petition is filed under Section 482 of Code of Criminal Procedure to quash the order issuing bailable warrant contending that as petitioner is to be examined in several cases and if petitioner is to appear separately in each case, it would be difficult for the petitioner, both mentally and physically. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. There is substance in the submission of the learned counsel appearing for the petitioner that if the prosecutrix is compelled to appear in all the cases on different dates, it would be a CRMC 2357/09 2 punishment to the victim. That could be avoided if the evidence of the prosecutirx is recorded on the same day or on the succeeding days in all the cases, so that, the agony of giving evidence could be shortened as far as possible. It will not cause any prejudice either to the prosecution or to the defence. Instead, it would only be in the interest of justice. Learned Public Prosecutor submitted that in eight cases, taken cognizance, the prosecutrix is to be examined. In such circumstances, petition is disposed directing Special Judge, Kottayam to consider the request of the prosecutrix to examine her on a day or the succeeding days, if the examination is not completed, in all the cases separately and continue the trial of the cases separately thereafter. Learned Special Judge is directed to re-schedule the cases to enable examination of the prosecutrix as directed. 28th September, 2010 (M.Sasidharan Nambiar, Judge) tkv