SARATH SIVADASAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 3rd accused in S.C.No.946/2021 pending on the file of the Second Additional Assistant Sessions Court, Ernakulam (for short 'the court below'). He is on bail.

(2.) It is submitted that the case stands posted tomorrow (19/10/2022) for framing charge. On the last posting, the court below issued a bailable warrant against the petitioner.

(3.) The learned counsel for the petitioner, Smt.Amrin Fathima, submits that now the petitioner is abroad and he is filing an application under Sec. 205 of the Cr.P.C. to condone his absence and to frame charge through his counsel. The learned counsel further submits that, since the petitioner is at abroad, the affidavit to be filed along with the application under Sec. 205 of the Cr.P.C. needs to be attested via Embassy and the petitioner needs some time for the same. It is in these circumstances, the petitioner has approached this Court.