IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 Crl.MC.No. 993 of 2008() ------------------------ SC.7/2007 of ASSISTANT SESSIONS COURT, KASARAGOD .................... PETITIONER: ACCUSED ------------------- K.SUJAYA, S/O.BHASKARA, RESIDING NEAR AYYAPPA TEMPLE, KUMBLA, KOIPADY VILLAGE, KASARAGOD DISTRICT. BY ADV. SRI.SURESH KUMAR KODOTH RESPONDENT/COMPLAINANT/STATE: ----------------------------------------- STATE OF KERALA,REPRESENTED BY STATION HOUSE OFFICER, KUMBLA POLICE STATION THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 993 of 2008 ========================== Dated this the 10th day of March, 2008. O R D E R The petitioner, who is the accused in S.C. No. 7 of 2007 on the file of the Sessions Court, Kasaragod which is case split up from S.C. No. 74 of 1997 in which the remaining accused were tried and acquitted by the said court on 28.11.1998, seeks an opportunity to plead for a discharge in absentia. 2. I see no reason why the prayer of the petitioner should not be considered. Accordingly, in case the petitioner files an application for discharge in absentia within three weeks from today, the same shall be considered and disposed of by the trial court. It may also take into account the fact that the co-accused in the case have been acquitted after trial. The consideration of the said application shall be without insisting on the personal appearance of the petitioner. This Crl.M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv