IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 16TH JUNE 2009 / 26TH JYAISHTA 1931 WP(C).No. 15355 of 2009(R) --------------------------------------- CC.NO.4/2004 OF SPL. JUDGE (CBI/SPE)-1, ERNAKULAM. .................... PETITIONER: ------------------- ANANTHA NARAYANA BHAT, S/O. LATE NARAYANA VADHYAR, AGED 60 YEARS, MANAGING DIRECTOR, M/S. ANIT MARINE AGENCIES PVT.LTD., INDIRA GANDHI ROAD, WELLINGDON ISLAND, KOCHI-682 003. BY ADVS. MR.C.S.MANU, MR.S.K.PREMRAJ, MR.ANOOP JOSEPH, MR.ABHILASH AKBAR, MR.T.B.SIVAPRASAD. RESPONDENTS: ------------------------ 1. HIGH COURT OF KERALA, KOCHI – 682 031, REPRESENTED BY ITS REGISTRAR GENERAL. 2. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 033. 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF KERALA, DEPARTMENT OF HOME, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 033. 4. CBI, KOCHI BRANCH, KALOOR, KOCHI – 682 017, REPRESENTED BY ITS SUPERINTENDENT OF POLICE. W.P.(C). NO.15355/2009-R: 5. P.A. GOVINDAN, S/O. LATE ACHUTHA SHENOI, AGE NOT KNOWN TO THE PETITIONER, PANAKKAL HOUSE, TRIPUNITHURA, KOCHI – 682 301. 6. P.F. JUDITH, S/O. P.O. FRANCIS, AGE NOT KNOWN TO THE PETITIONER, PUTHIYAVEETTIL HOUSE, S.R.M. ROAD, KOCHI – 682 018. 7. RAGHUNATH SANKARA MENON, S/O. V.S.K. MENON, AGE NOT KNOWN TO THE PETITIONER, VASANTHAM, INDIRA BHAI ROAD, EDAPPALLY, KOCHI – 682 024. 8. A.K. THOMAS, S/O. LATE KURIAN VARKEY, AGE NOT KNOWN TO THE PETITIONER, ALATHARA PUTHENPURAYIL, MAMALA, KOCHI-682 305. 9. T.XAVIER, S/O. LATE THAMBI KUNHAN, AGE NOT KNOWN TO THE PETITIONER, MALAVILA PUTHENPURACKAL, TRIPUNITHURA, KOCHI – 682 301. 10. SALIM BAVA, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, KAVUNGAL HOUSE, BHAGATH SINGH ROAD, VYTTILA, KOCHI – 682 019. 11. P. BALAKRISHNAN, S/O. P.G. PARAMESWARA PANICKER, AGE NOT KOWN TO THE PETITIONER, MARAMPLILLY HOUSE, EDAPPALLY, KOCHI-682 024. 12. P.J. BABU, S/O. P.K. JACOB, AGE NOT KNOWN TO THE PETITIONER, PYNADATHU HOUSE, MANJAPPARA, ANGAMALI, KOCHI- 683 581. 13. THOMAS GEORGE, S/O. CHERIAN THOMAS, AGE NOT KNOWN TO THE PETITIONER, DIRECTOR, GOLD PEPS INVESTMENTS LTD., XLI/3277, III FLOOR, I.S. PRESS ROAD, KOCHI – 682 018. 14. P.S. NAIR, S/O. DAMODARAN PILLAI, AGE NOT KNOWN TO THE PETITIONER, KALA BHAVAN, THADIYOOR, THIRUVALLA, PATHANAMTHITTA – 689 545. 15. C.K. CHERIAN, S/O. P.S. KURIAKOSE, AGE NOT KNOWN TO THE PETITIONER, CHEENIKKARA HOUSE, MUTTAMBALAM, KANJUKUZHY, KOTTAYAM – 686 004. W.P.(C). NO.15355/2009-R: 16. P.M. GOPALAKRISHNAN, S/O. N. MADHAVA MENON, AGE NOT KNOWN TO THE PETITIONER, SUGAMA, SHANTHI NAGAR, THEVARA,KOCHI- 682 013. 17. RAJEEV.B.PANICKER, S/O. K.M. VIVEKANANDAN, AGE NOT KNOWN TO THE PETITIONER, KUNNATHULLY HOUSE, P.O. ANTHIKKAD, THRISSUR – 680 641. 18. K.N. RAMACHANDRAN, S/O. K. NARAYANA MENON, AGE NOT KNOWN TO THE PETITIONER, VIII/2124, NEW ROAD, MATTANCHERY, KOCHI-683 002. 19. P.N. GOVINDAN, S/O. P.K. NARAYANAN, AGE NOT KNOWN TO THE PETITIONER, PUTHEN PARAMBIL, EDATHALA, ALUVA KOCHI – 683 561. 20. K. ARUN KUMAR, S/O. A.K. RAGHAVAN NAMBIAR, AGE NOT KNOWN TO THE PETITIONER, NO.4, BLOCK NO.1, PALADIUM APARTMENTS, ELAMAKKARA, KOCHI – 682 026. 21. G. MOHAN, FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER, SILVER LINE AGRO INDUSTRIES LTD., COCHIN HOUSE, ST. VINCENT ROAD, KOCHI – 682 018. 22. TANSI NARONHA, S/O. M.P. NARONHA, AGE NOT KNOWN TO THE PETITIONER, XXXI/508, PATHADIPALAM, EDAPPALLY NORTH, KOCHI – 682 024. 23. GEORGE JOY ALIAS JOJAN, S/O. P.C. ANTONY, AGE NOT KNOWN TO THE PETITIONER, PERINGATTU HOUSE, CHEMBUMUKKU, BMC, KOCHI – 682 021. 24. NAVAS KASIM, S/O. KASIM, AGE NOT KNOWN TO THE PETITIONER, CHALAKKAL KUNNUPARAMBIL, KANJIRAMATTOM, KOCHI – 682 315. R1 BY MR. O.V.RADHAKRISHNAN, SENIOR ADVOCATE, ADV.SMT.K.RADHAMANI AMMA, R2 & R3 BY PUBLIC PROSECUTOR MR. AMJAD ALI, R4 BY MR. M.V.S. NAMBOOTHIRY, SC, C.B.I. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR, J. ==================== W.P.(C) No. 15355 of 2009-R ==================== Dated this the 16th day of June, 2009. JUDGMENT This petition is filed under Articles 226 and 227 of Constitution of India for a direction to the Special Judge (CBI/SPE)-I, Ernakulam not to conduct trial of C.C.No.4/2004 in the court room contending that it is not convenient to accommodate all the lawyers appearing for accused 5 to 24 and therefore no fair trial is possible. 2. As the learned Counsel appearing for the petitioner asserted that there is no convenience for 23 accused to appear and their Counsel to represent them and to take notes at the time of recording the evidence, a report was called for from the Registrar (Subordinate Judiciary). The Registrar has reported that out of the 23 accused, only 21 accused now appear and the case as against the other two accused was split up. The Registrar has also reported that it is possible to accommodate the accused and their Counsel in the court room. In such circumstances, I do not find any justification to give a direction as sought for. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE dkr