IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 WP(C).No. 15236 of 2010(Q) -------------------------- PETITIONER(S): --------------- M.RAAJAMURUGAN, AGED 39 YEARS, S/O.S.M.MUTHURAMAN, RESIDING AT T.F.10, RAMANI'S BALAJI APARTMENT CHETTY STREET, SELVAPURAM ROAD, COIMBATORE, PIN NO.641 001, TAMIL NADU STATE. BY ADV. SRI.P.C.CHACKO(PARATHANAM) RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASSISTANT SUB INSPECTOR OF POLICE, KOTTAYAM EAST POLICE STATION, KOTTAYAM P.O., KOTTAYAM DISTRICT. 3. ASSISTANT ENGINEER, KSEB, ELECTRICAL SECTION, NATTAKAM, MOOLAVATTOM, KOTTAYAM DISTRICT. 4. C.J.MATHEW, MANAGING DIRECTOR, PERIYAR FERRO ALLOYS PVT.LTD., MAFAIR BUILDINGS, SASTRI ROAD, KOTTAYAM. GOVT. PLEADER S.U. NAZAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. RAMKUMAR, J. ............................................... W.P. (C) No. 15236 of 2010 .............................................. Dated: 26th May, 2010 JUDGMENT Petitioner who is the accused in Sessions Case No. 260 of 2008 pending before the Addl. Sessions Judge (Special), Kottayam for an offence punishable under Section 39 read with Sec. 44 of the Indian Electricity Act, 1910 and Sec. 380 I.P.C. seeks a direction to the Addl. Sessions Judge to dispose of the above Sessions Case within a time frame. 2. The court below has reported that the case stands posted for framing charge on 3-6-2010. Having regard to the facts and circumstances of the case, I am inclined to permit the petitioner to plead for a discharge in absentia. Accordingly if the petitioner file an application for discharge before the court below through his counsel, that court shall not insist on the personal appearance of the petitioner for the disposal of the discharge petition. In case the petitioner is not discharged, then the Court below shall dispose of the Sessions Case within 6 months of framing charge as assured by the court below. This Crl.M.C is disposed of reserving the above right of the petitioner. Sd/-V. RAMKUMAR, JUDGE ani /true copy/ P.S. to Judge