IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 11TH FEBRUARY 2008 / 22ND MAGHA 1929 Crl.MC.No. 631 of 2008() ------------------------ SC.628/2005 of ADDL.ASSISTANT SESSIONS COURT, THALASSERY .................... PETITIONER: ------------- HUSSAIN PATHIRIKKODAN, S/O. MOYIN, PATHIRIKKODAN HOUSE, OLAVATTOOR, KONDOTTY, MALAPPURAM DISTRICT. BY ADV. SRI.BABU S. NAIR RESPONDENTS: ------------------ THE STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, VALAPATTANAM POLICE STATION – THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOZHI-31. BY ADV. SRI. M.S. BREEZE, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11.02.2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR , J. ========================== CRL.M.C. No. 631 of 2008 ========================== Dated this the 11th day of February, 2008. O R D E R The petitioner, who is the 2nd accused in S.C. No. 628/2005 on the file of the Additional Assistant Sessions Court, Thalassery for offences punishable under Sections 489 B and 489 C IPC, seeks an adjournment of the trial for the reason that his counsel Adv. Shri. M. Ashokan coming from Kozhikode has been hospitalised due to Jaundice and has been advised to take bed rest and that no other advocate is prepared to take up the brief. In view of the above circumstances, I see no justification to refuse the prayer of the petitioner to adjourn the trial. Accordingly, the Additional Sessions Court, Thalassery before whom S.C. No. 628/2005 is pending shall reschedule the trial in such a way that the petitioner's counsel is able to conduct the case after recovery of his illness. If the witnesses already scheduled have appeared before the court, the petitioner shall pay the witness batta to those witnesses. The court shall stop the examination of the remaining witnesses until further orders. This Crl. M.C is disposed of as above. V. RAMKUMAR, JUDGE. rv