IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 Tr.P(Crl.).No. 17 of 2008() --------------------------- CRMP.220/2008 of ADDL. DISTRICT COURT, VADAKARA .................... PETITIONER: ------------ ABDUL RASHEED C.K., AGED 24 YEARS, S/O. MOOSAKKUTTY, MUSLIM, KARINGAMPOYIL, KOODATHAYI BAZAR, KOODATHAYI AMSOM, DESOM, KOZHIKODE. BY ADV. SRI.S.K.SAJU SRI.A.RANJITH NARAYANAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR & GOVT.PLEADER, HIGH COURT OF KERALA. 2. EXCISE INSPECTOR, VATAKARA EXCISE RANGE, VATAKARA. BY PUBLIC PROSECUTOR SRI. M.S. BREEZ THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 08/02/2008, THE COURT ON 08/02/2008 PASSED THE FOLLOWING: V.Ramkumar, J. ................................................. T.R.P. (Criminal) 17 of 2008 .................................................. Dated: 8th February 2008 ORDER Petitioner who is the accused in S.C. Case No. 966 of 2006 pending trial before the Addl. Sessions Court, Vadakara for an offence punishable under Sec. 55 (a) of the Abkari Act seeks a transfer of the said case to any other court situated within Kozhikode City. Petitioner who is a resident of Koodathai is said to have been afflicted by vertigo and undergoing treatment and he finds it difficult to go to Vadakara Court which is 60 kms. away from his residence and that prompted him to move the Sessions Judge, Kozhikode for a transfer of the case to Kozhikode which within 10 kms. of his residence. The said application was dismissed by the learned Sessions Judge holding inter alia that he does not have the power to withdraw the case under Sec. 409 (2) Cr.P.C. since with the framing of the charge before the Addl. Sessions Court , Vadakara, the trial of the case commenced. Hence this petition before this Court under Sec. 407 Cr.P.C. T.R.P. (Criminal) 17 of 2008 -:2:- 2. The medical records produced by the petitioner show that he is having vertigo and it will be difficult for him to undertake a travel to Vadakara for the trial of the case. At the same time, the Addl. Sessions Court, Vadakara having listed the case for trial from 11-0-2-2008 onwards, this Court will not stay or adjourn the trial of the case except for compelling reasons. The inability of the petitioner to attend the court due to medical grounds is not such a compelling reason to adjourn the trial of the case or transfer the case to a nearby court. If the petitioner so chooses he can refrain from appearing before the trial court during the trial of the case but only on one condition that he will not question the capacity of the prosecution witnesses to identify him. Accordingly, if the petitioner files an affidavit through his counsel before the trial court seeking permission to be represented through his counsel and undertaking that he will not raise any question regarding identity he can choose to remain absent during trial and that court shall not insist on his personal appearance during trial, except when it is inevitable. This Transfer petition is disposed of as above. V. Ramkumar, Judge. T.R.P. (Criminal) 17 of 2008 -:3:-