GEORGE KURIAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in SC.No.526/2022 on the files of the Additional Sessions Court No.-II, (Special) Kottayam is the petitioner in the instant Criminal M.C. He is aggrieved by the fact that the trial in the above SC had already commenced on 24/4/2023, without affording him adequate opportunity to instruct his lawyer, as also, without supplying the FSL report, six in number (Annexure A7 series) on time.

(2.) Heard Sri.P Vijayabhanu, learned Senior Counsel for the petitioner, duly instructed by Sri.C.S.Manu and Smt.C.Seena, learned Public Prosecutor. Perused the records.

(3.) The occurrence was on 7/3/2023. The petitioner/accused is still in judicial custody. Annexure A2 is an application for issuance of stop memo to the witnesses, since the accused did not get adequate time to instruct Sri.B.Raman Pillai, learned Senior Counsel engaged on his behalf. It is noticed that while dismissing the Bail Application of the petitioner/accused, as the case has already been scheduled for trial, there was a direction by this Court to proceed with the trial as scheduled. Annexure A5 is an application seeking copies of Annexure A7 series, which was not listed in the documents produced in terms of Rule 19(4) of the Criminal Rules of Practice. Both the above applications, Annexures A2 and A5, were dismissed by the learned Sessions Judge vide Annexure A4 and A6 orders respectively, of which the former is dtd. 19/4/2023 and the later dtd. 24/4/2023. In Annexure A4, the learned Judge has stated the matter was scheduled for trial and as early as on 20/2/2022 and there was enough time for the accused to engage the lawyer of his choice. It is also found that one of the crucial witnesses had expired and the father of the accused, another important witness, is aged and ailing, who is required to be examined at the earliest. Another reason found by the learned Sessions Judge is that several crucial witnesses are close relatives of the accused and therefore the apprehension of the Special Public Prosecutor that there is every chance of the accused winning over the witnesses also cannot be discounted.