IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 Crl.MC.No. 1327 of 2008() ------------------------- CRIME NO.361/1993 OF PAYYANNUR POLICE STATION SC.995/1995 of ASSISTANT SESSIONS COURT, PAYYANNUR .................... PETITIONER: ACCUSED NO.14 ------------------------------------------------ P.P.UMESHAN, AGED 38 YEARS, S/O.O.K.AMBU, PUTHIYA PURAYIL, RAMANTHALI P.O., KOYYAPURAM. BY ADV. SRI.M.V.AMARESAN RESPONDENTS: COMPLAINANT ------------------------ STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.1327 of 2008 = = = = = = = = = = = = = = = = = Dated this the 2nd day of April, 2008 ORDER Petitioner, who was the 14th accused in Crime No.361/1993 of Payyannur Police Station for offences punishable under Sections 143,147,148,324,224,225,332,333 and 307 read with 149 IPC and Section 3(2) of the PDPP Act and whose case is now pending before the Assistant Sessions Court, Payyannur as S.C.No.995/2005 after having been split up from S.C.No.153 of 1995, seeks permission to plead for a discharge in absentia for the reason that he is employed abroad and on the ground that the co-accused in S.C.No.153/1995 have been acquitted after trial. 2. I see no reason why the limited prayer of the petitioner cannot be granted. Accordingly, this Crl.M.C is disposed of permitting the petitioner to plead for discharge in absentia by filing appropriate petition before the Asst.Sessions Court, Payyannur. In case the petitioner files an application for discharge in absentia before the Assistant Sessions Judge within two weeks from today, he shall be permitted to plead for Crl.M.C.No. 1327 of 2008 2 discharge in absentia without insisting on the personal appearance of the petitioner for the disposal of the said petition. The petitioner shall be entitled to contend that the co-accused have been acquitted after trial as per judgment dated 27.2.1999 in S.C.No.153/1995. V. RAMKUMAR, JUDGE sj