IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 34116 of 2008(J) -------------------------- PETITIONER(S): --------------- M.SHAKEER, AGED 42 YEARS, S/O MUTHU MOHAMMED, AHAMMED MANZIL, IRATTAYALKODUMBU, PALAKKAD DISTRICT. BY ADV. SRI.NIREESH MATHEW RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY CIRCLE INSPECTOR OF POLICE, TOWN NORTH POLICE STATION,PALAKKAD. GOVERNMENT PLEADER SRI.P.RAVEENDRA BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.34116 of 2008 ---------------------------------------- Dated this the 2nd day of December 2008 J U D G M E N T The petitioner faces indictment in a prosecution for the offence punishable under Section 395 I.P.C. The co-accused have already been tried, found not guilty and acquitted, it is submitted. The petitioner was not available for trial. The case against him has been split up. The petitioner has now appeared before the learned Sessions Judge. He has been enlarged on bail. 2. The short submission of the petitioner is that he is employed abroad and has to return to his place of employment before 08/01/2009. The case now stands posted for framing charges to 25/1/2009. If the petitioner has to remain here till 25/1/2009, he shall lose his employment abroad. In these circumstances, it was prayed that the case may be directed to be disposed of prior to 08/01/2009. 3. The report of the learned Sessions Judge was called for. The learned Sessions Judge reports that the matter stands posted for framing charges to 25/1/2009. Thereafter, if charges W.P.C.No.34116/08 2 are framed, the matter will have to be posted for trial. At any rate, there is no prospect of the trial being completed prior to 08/01/2009 reports the learned Sessions Judge. 4. I have considered all the relevant inputs. I am satisfied that directions under Section 482 Cr.P.C in favour of the petitioner can be issued to ensure that he is enabled to return to his place of employment such that he shall return by the time the matter is posted for trial. 5. In the result, this petition is allowed. Following directions are issued: i) The learned Magistrate shall advance the hearing of the case and ensure that a decision is taken on the question of framing charges and the charges are framed or the petitioner is discharged on or before 05/01/2009. ii) Thereafter, the learned Judge shall post the case for trial in the normal course. Such date shall be fixed by the learned Judge after taking into account all the relevant circumstances including the ability of the petitioner to return to India. W.P.C.No.34116/08 3 5. The learned counsel for the petitioner submits that he shall file an application for exemption from personal appearance during trial. That application shall also be considered by the learned Sessions Judge on merits and appropriate orders shall be passed. 6. Hand over copy of this order to the learned counsel for the petitioner for immediate production before the learned Judge. (R.BASANT, JUDGE) jsr // True Copy// PA to Judge W.P.C.No.34116/08 4 W.P.C.No.34116/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008