IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 11TH AUGUST 2010 / 20TH SRAVANA 1932 Crl.MC.No. 3123 of 2010() -------------------------------------- SC.253/2009 of SESSIONS COURT (FAST TRACK COURT II) MANJERI .................... PETITIONER(S): ACCUSED NO.2: -------------------------------------------------- SAFEER, S/O.MOOSA POOVAKKADAN, POOVAKKADAN HOUSE, PAYIPPULLU, THUVVUR P.O., MALAPPURAM DISTRICT-679 327. BY ADVS. SRI.K.M.JAMALUDHEEN, SMT.LATHA PRABHAKARAN. RESPONDENT(S): COMPLAINANT/STATE: --------------------------------------------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. C.S. HRITWIK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/08/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.3123 of 2010 = = = = = = = = = = = = = = Dated this the 11 th day of August, 2010 ORDER Petitioner, who is the 2nd accused in S.C.No.253/2009 on the file of the Sessions Court (Fast Track-II), Manjeri for offences punishable under Sections 326,346 and 308 IPC, seeks a direction for early disposal of the said Sessions case on the ground that continued retention of his passport by the trial court may endanger his employment abroad. 2. Having regard to the heavy pendency of the cases in the court below, it may not be possible for this Court to give a direction for expeditious disposal as prayed for. 3. According to the learned counsel for the petitioner the de facto complainant and the petitioner are relatives and a question of identity will not arise for consideration during the trial of the case. If so, the petitioner may file an application for personal exemption during trial by incorporating the necessary averments. The petitioner shall incorporate in the said application averments to the effect that he will not raise question of identity during the trial of the case and that he will not Crl. M.C. No. 3123 of 2010 2 challenge the procedure of trial during his absence. In case the petitioner files such an application seeking personal exemption, the court below shall grant the same and shall not insist on the personal appearance of the petitioner during the subsequent stages of the trial unless it is inevitable to do so. The passport surrendered by the petitioner before the court below shall be released to him for going abroad for a period of one year on proper undertaking. The permission to go abroad is granted to the petitioner for a period of one year in terms of Ashok Kumar v.State of Kerala (2009(2) KLT 712). The petitioner shall leave his local as well as foreign address as also the address and phone number of his local counsel before the trial court. Dated this the 11th day of August, 2010. V. RAMKUMAR, JUDGE sj