IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN MONDAY, THE 10TH OCTOBER 2011 / 18TH ASWINA 1933 Crl.MC.No. 3224 of 2011() ------------------------- SC.521/2009 of ASSISTANT SESSIONS COURT, THALASSERY (CMP.157/2011) CRIME NO:333/2007 OF KUTHUPARAMBA POLICE STATION .................... PETITIONER/ACCUSED ------------------- HUSSAIN NUCHIYIL CHALUKANDY, S/O.AHAMMED, AGED 31 YEARS, VENGAD, KANNUR DIST, KERALA. BY ADV. SRI.P.M.HABEEB RESPONDENT: ----------- STATE OF KERALA, STATION HOUSE OFFICER, CRIME NO.333 OF 2007 OF KUTHUPARAMBA POLICE STATION, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. B. JAYASURYA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: JJJ Crl.MC.No. 3224 of 2011() APPENDIX PETITIONER'S ANNEXURES: ANNEXURE-A TRUE COPY OF THE ORDER DATED 17.3.2010 OF ASST.SESSIONS JUDGE, THALASSERY IN CMP NO.40/2010 IN SC 669/2009 ANNEXURE-A(1) TRUE COPY OF THE ORDER C.M.P.NO.42 OF 2010 OF S.C 669 OF 2009 THE ASSISTANT SESSION JUDGE, THALASSERY. ANNEXURE-A(2) TRUE COPY OF THE ORDER DATED 18.2.2011 IN CRL.M.C.NO.444/2011 BY THIS HON'BLE COURT. ANNEXURE-A3 CERTIFIED COPY OF THE ORDER DATED 16.6.2011 OF SESSIONS COURT, THALASSERY IN CMP NO.157/2011 IN SC 521/2009 RESPONDANTS'S ANNEXURES: NIL //TRUE COPY// P.A.TO JUDGE JJJ N.K.BALAKRISHNAN, J ------------------------------------ Crl.M.C. No. 3224 of 2011 ------------------------------------------ Dated this the 10th day of October, 2011. O R D E R The petitioner is the accused in Sessions Case No.669/09 of Assistant Sessions Judge, Thalassery. He is the first accused in that case. The offences alleged against him are under Sections 143, 147, 456, 153 and 436 r/w 149 IPC. The learned Assistant Sessions Judge has reported that the case is actually posted for framing charge. The learned counsel for the petitioner would submit that petitioner has earlier approached this court by filing Criminal M.C. No.444/11 to direct the Assistant Sessions Judge to exempt the petitioner from personal appearance during the trial of the case for a period of one year. An order was passed by this court on 18/02/2011. At that point of time it was observed by the Assistant Sessions Judge that the case against the accused was not likely to be taken in the near future, at least for one year. Based on that Crl.M.C. No. 3224 of 2011 2 report/observation it was observed by this Court that the learned Assistant Sessions Judge will not insist personal appearance of the petitioner unless the same is inevitable. As such the petitioner was directed to approach the trial court with a prayer for personal exemption. 2. As stated above, learned Assistant Sessions Judge has stated that the case is posted for framing charge. As such the presence of the accused is necessary. After framing the charge, if the case is not immediately posted for trial and the case is not likely to be listed for trial within a period of 6 months, then it is open to the learned trial Judge to pass appropriate orders/directions as to whether the exemption from personal appearance of the accused/petitioner before that court can be dispensed with for a short period. The contention that the petitioners presence may not be required at the time of trial cannot be accepted by this court. The petitioner can approach the learned trial Judge, after framing of the charge, for Crl.M.C. No. 3224 of 2011 3 appropriate orders/directions as stated above. The learned Assistant Judge, will frame charge against the accused within one month from the date of receipt of this order, if the accused appears before court. This petition is disposed of as above. N.K. BALAKRISHNAN, JUDGE smvd