IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Crl.MC.No. 2673 of 2008() ------------------------- SC.499/2008 of ADDL.SESSIONS COURT (ADHOC)-III, THALASSERY .................... PETITIONER: 3RD ACCUSED ------------ JAYAN, S/O.GOVINDAN 35 YEARS ELLODI IDATHIL HOUSE THAZHEKUNNATH PARAMBA, KOLAVALLOOR AMSOM. BY ADV. SRI.V.RAJAGOPAL RESPONDENTS: COMPLAINANT ------------- STATE OF KERALA, S.H.O. KOLAVALLOOR CRIME 90/2000, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/07/2008, ALONG WITH CRMC NO. 2681 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.2673 and 2681 of 2008 ------------------------------------- Dated this the 25th day of July, 2008 ORDER Petitioner faces indictment in two separate prosecutions, both before the Court of the Additional Sessions Judge (Adhoc-III), Thalassery. The co-accused have already been tried, found not guilty and acquitted. The offences alleged against the petitioner include the offences punishable under the Explosive Substances Act. The petitioner had appeared before the committal court. The orders of committal have already been passed. The petitioner has not appeared before the learned Sessions Judge so far. The petitioner apprehends that he may be summoned at any time to appear before the learned Sessions Judge. 2. The petitioner is employed abroad. He is not available in India now. If the petitioner were summoned, he will not be in a position to appear now. The petitioner therefore prays that appropriate directions may be issued to the learned Sessions Judge. 3. The learned counsel for the petitioner submits that the petitioner is willing to appear before the learned Sessions Judge Crl.M.C. Nos.2673 & 2681 of 2008 2 once and get himself enlarged on bail. But if continued personal appearance of the petitioner were insisted on all dates of posting, the petitioner's interest will suffer as he will not be able to return to his place of employment. It is, in these circumstances, that the petitioner prays that appropriate directions may be issued. 4. It is for the petitioner to appear before the learned Sessions Judge and request the learned Sessions Judge for expeditious completion of the proceedings. If the proceedings cannot straightaway be completed, the petitioner can request the learned Sessions Judge to permit him to return to his place of employment abroad and give him permission to be represented by a counsel until such personal presence of the petitioner becomes necessary for the progress of the case. 5. I am satisfied that it is not necessary to issue any specific directions now. If and when the petitioner gets notice from the Sessions Court, the petitioner can approach the learned Sessions Judge and make appropriate submissions. The learned Sessions Judge must consider such request and give the petitioner time to return from his place of employment abroad and appear before the learned Sessions Judge. Once the petitioner appears, the proceedings will have to be completed as expeditiously as Crl.M.C. Nos.2673 & 2681 of 2008 3 possible. If immediate disposal is not possible, the petitioner can apply for exemption from personal appearance and when such application is filed, the learned Sessions Judge must consider such application on merits and pass appropriate orders. The learned Sessions Judge must take note of the fact that the petitioner is employed abroad and must consider his difficulty in personally appearing before the learned Sessions Judge on all dates of posting. Unless the personal appearance of the petitioner is essential for the progress of the case, I need only observe that such personal presence need not be insisted. 6. With the above observations, these Crl.M.Cs are dismissed. 7. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-