IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE N.K.BALAKRISHNAN FRIDAY, THE 28TH OCTOBER 2011 / 6TH KARTHIKA 1933 Crl.MC.No. 3495 of 2011() ------------------------------------ SC.NO.373/2007 of ADDL. SESSIONS COURT (FAST TRACK COURT NO.1), KOZHIKODE .................... PETITIONER(S): ACCUSED NO.1 ------------------------------------------------ K.MUHAMMED ALI,S/O MAMMEDUNNI HAJI, KAPPUNGAL HOUSE,UPPUKULAM.P.O,PALAKKAD DISTRICT. BY ADV. SRI.BABU S. NAIR SMT.SMITHA BABU RESPONDENT(S): STATE -------------------------------------- THE STATE OF KERALA,REPRESENTED BY THE INSPECTOR OF POLICE,C.B.C.I.D,KOZHIKODE-THROUGH THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA, ERNAKULAM,KOCHI-682 031. BY PUBLIC PROSECUTOR SMT.S.HYMA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28/10/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.3495/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX A COPY OF THE MEDICAL CERTIFICATES ISSUED BY THE BABY MEMORIAL HOSPITAL, KOZHIKODE DATED, 8/10/2007, 13-8-2007, 25-7-2007 AND FROM THE RAMDAS CLINIC AND NURSING HOME, PERITHALMANNA DATED, 26/1/2010. ANNEX B COPY OF THE CERTIFICATE ISSUED BY DR.S.RAMDAS DATED, 20/9/2011 TO THE PETITIONER. ANNEX C COPY OF THE PETITION SUBMITTED BY THE COUNSEL FOR THE PETITIONER BEFORE THE ADDITIONAL SESSIONS COURT (FAST TRACK COURT NO.1) DATED 26/9/2011. ANNEX D COPY OF THE PETITION SUBMITTED BY THE SURETIES OF THE PETITIONER BEFORE THE ADDITIONAL SESSIONS COURT (FAST TRACK COURT NO.1) DATED, 29/9/2011. ANNEX E COPY OF THE PETITION SUBMITTED BY THE SURETIES OF THE PETITIONER DATED, 11/10/2011 BEFORE THE ADDITIONAL SESSIONS COURT (FAST TRACK COURT NO.1) DATED, 29/9/2011. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.S.TO.JUDGE sts N.K.BALAKRISHNAN, J. ---------------------------------------------------- Crl.M.C.No.3495 of 2011 ---------------------------------------------------- Dated this the 28th day of October, 2011 Order Sessions Case, S.C.No.373 of 2007 on the file of the Additional Sessions Court (Fast Track Court No.I), Kozhikode after conclusion of the trial was posted for judgment. The offences alleged against the accused are 489A, B and C, 255 and 259 read with 120B IPC. When the Sessions Case was posted for judgment, the petitioner did not appear in court. Since he was absent, the judgment could not be pronounced by the learned Sessions Judge. The learned Additional Sessions Judge has reported that A2 to A4 were present on that day, i.e. on 20.9.2011 to which date the case was posted for judgment. It was on that day the petitioner herein who was the first accused was absent. On that day application was filed for excusing his absence. It was allowed and the case was adjourned to 26.9.2011. It was specifically posted for pronouncing the judgment. 2. The learned counsel for the petitioner submits that the Crl.M.C.3495/2011 2 petitioner could not be present in court as he was undergoing treatment in hospital. To show that he was having some ailment, the certificate/discharge summary issued from the hospital has also been produced. The learned Public Prosecutor submits that simply by obtaining a certificate, the accused persons cannot get the case adjourned or steal a march on the court. The learned Public Prosecutor submits that the sole idea of the accused is to see that the judgment is not pronounced immediately. The petitioner may be having some ailments but that does not prevent him from appearing in court. Since the petitioner absented himself on 26.9.2011 also, non-bailable warrant was issued against him and notices were issued against his sureties also. The argument that the case has to be adjourned for a period of one month so as to pronounce the judgment cannot be countenanced. It is seen to be made with oblique motives. It is a case where the offences alleged against the accused are 489A, B and C, 255 and 259 read with 120B IPC (trafficking in counterfeit currency notes etc.). The learned Public Prosecutor submits that the first accused absented himself from appearing in court on the day when the case was posted for judgment with ulterior Crl.M.C.3495/2011 3 motives. Therefore, the request made by the petitioner is rejected. The accused/petitioner will surrender before the learned Additional Sessions Judge on 4.11.2011. The Crl.M.C. is disposed of as above. N.K.BALAKRISHNAN, JUDGE. srd Crl.M.C.3495/2011 4