IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH WEDNESDAY, THE 19TH JANUARY 2011 / 29TH POUSHA 1932 OP(Crl.).No. 230 of 2011(Q) --------------------------- AGAINST THE ORDER IN CRMP nos.147 & 148/2011 IN SC.653/2008 of ADDL SESSIONS COURT,ALAPPUZHA. .................... PETITIONER ------------------------------ MURALIDHARAN,S/O.BAPUKUTTY,KODAVALLI VEEDU,VAYALAR PANCHAYATH,WARD VI,CHERTHALA, ALAPPUZHA DISTRICT. BY ADV. SRI.K.M.FIROZ SMT.M.SHAJNA FIROZ RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY STATION HOUSE OFFICER,CHERTHALA POLICE STATION, CHERTHALA,ALAPPUZHA DISTRICT-688524. 2. SHIBU,S/O.NARAYANAN,AGED 35 YEARS, CHERUVALLI,VELLIVEELDU,VAYALAR PANCHAYATH, CHERTHALA,ALAPPUZHA DISTRICT-688524. 3. AJAYAN,S/O.VISWANATHAN,PUTHANTHARAYIL VEETTIL,VAYALAR PANCHAYATH,CHERTHALA, ALAPPUZHA DISTRICT-688524. 4. ASHOKAN,S/O.GOVINDAN,AGED 50 YEARS, CHIRANIVATTIL VAYALAR PANCHAYATH, WARD NO.7,CHERTHALA,ALAPPUZHA DISTRICT-688524. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 19/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- O.P.(Crl.) No.230 of 2011 -------------------------------------- Dated this the 19th day of January, 2011. JUDGMENT Petitioner is accused No.4 in S.C.No.653 of 2008 of the court of learned Additional Sessions Judge, Alappuzha facing trial along with respondent Nos.2 to 4 for offences punishable under Sections 302, 120B, 109, 448, 323, 324, 307 read with Section 34 of the Indian Penal Code. Case was scheduled for trial on 19.01.2011. It is submitted, petitioner filed C.M.P.Nos.147 and 148 of 2011 on 14.01.2011 requesting the court to advance hearing and postpone trial of the case for the reason that his counsel was laid up due to backache and that counsel was advised bed rest for two months. Learned Sessions Judge has dismissed the applications vide the impugned order. It is submitted by learned counsel that petitioner may be granted a week's time if necessary, to engage another lawyer and arrange his defence. 2. Even as per the submission of learned counsel, case was posted on 06.12.2010 for trial when the Public Prosecutor sought time and the case was again posted on 19.01.2011. This is a case involving serious offences like murder, attempting to commit murder and criminal conspiracy. Even according to the petitioner applications were preferred on 14.01.2011 while case was to be taken up for trial on 19.01.2011. It is not as if there was no sufficient time for petitioner to make necessary alternative arrangements for his defence. I do not consider that this Court should interfere in the matter and issue any direction to the learned Additional Sessions Judge to adjourn the case. But, it is open to the OP(Crl.)230 of 2011 2 learned Additional Sessions Judge to pass appropriate orders if necessary giving some time to the petitioner either for arranging his defence or for cross examination of the witnesses as circumstances warranted. With the above observation, petition is dismissed. THOMAS P.JOSEPH, Judge. cks