IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Crl.MC.No. 1909 of 2008() ------------------------- CRIME NO.49/06 OF THE WANDOOR POLICE STATION. PETITIONER: PETITIONER/ACCUSED ------------------------------ HARIDASAN, S/O.KRISHNAN,PAKKATH HOUSE, CHETTIYARAMMAL, WANDOOR,MALAPPURAM. BY ADV. SRI.DILIP MOHAN RESPONDENTS: RESPONDENTS/COMPLAINANT AND STATE ---------------------------------------------- 1. STATE OF KERALA, REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. STATION HOUSE OFFICER, WANDOOR POLICE STATION. BY PUBLIC PROSECUTOR SRI. SANTHOSH KUMAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 1909 of 2008 ------------------------------------------------- Dated this the 21st day of May, 2008 ORDER The petitioner faces indictment in a prosecution under Sec.15(c) of the Kerala Abkari Act, it is submitted. He is the 2nd accused. The 1st accused has already been tried, found guilty and convicted. The 3rd accused was found not guilty and acquitted. The petitioner, who had entered appearance before the learned Magistrate earlier, was not available for trial thereafter. From the stage of 313 examination, the petitioner is not available for trial. 2. The learned counsel for the petitioner, who is not available in India, now does not want to continue the agony and trauma of a further trial. He wants to plead guilty through his counsel. The petitioner has come to this Court with a prayer that there may be a direction to the learned Crl.M.C. No. 1909 of 2008 -: 2 :- Magistrate to accept his plea of guilty in accordance with the dictum in Santhosh v. State of Kerala (2003 (1) KLT 795). The limited relief claimed is that the learned Magistrate may be directed to permit him to plead guilty through his counsel. 3. If the petitioner wants to seek such a relief, he must certainly have approached the learned Magistrate first and must have made the request. He can certainly make a request through his counsel. If and when he makes such a request, the learned Magistrate, needless to say, must consider such request and pass appropriate orders on merits. No further and better directions do appear to be necessary in this Crl.M.C. 4. This Crl.M.C. is accordingly dismissed; but with the above specific observations. 5. Hand over a copy of this order to the learned counsel for the petitioner for production before the learned Magistrate. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 1909 of 2008 -: 3 :-