ABHIL Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the 6th accused in S.C. No.1490 of 2023 on the files of the Additional Sessions Judge-I, Ernakulam. The case originated from Crime No.382 of 2023 registered at the Thrikkakara Police Station for the offence punishable under Sec. 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) The petitioner was granted bail by this Court as per order dtd. 30/9/2023. Subsequently, at the request of the petitioner, trial court granted permission to travel to the United Kingdom for pursuing his studies in M.Sc. Digital Marketing at the Coventry University, U.K. The case was posted on 12/3/2024 for framing of charge and the petitioner being absent, trial court framed and read over charges to the other accused. The case was then posted to 16/3/2024 for framing charges against the petitioner. Even though, petitioner appeared through Video Conferencing mode on that day, the charge was not read over to him. The charge was not read over on the subsequent dates also, as the petitioner was not present in person. The court also proceeded to issue non-bailable warrant against the petitioner due to his absence. This Crl.M.C is hence filed, seeking the following reliefs:

(3.) Learned Counsel for the petitioner submits that, since his client was present through virtual mode on 16/3/2024, court could have read over the charges and recorded his plea. According to the learned Counsel the petitioner can even be allowed to appear through Counsel for the purpose of recording his plea. In support of this contention reliance is placed on the decision of the Apex Court in Bhaskar Industries Ltd. v. Bhiwani Denim And Apparels Ltd [2001 (7) SCC 401] with specific reference to paragraph Nos.17 and 18 therein. It is submitted that the duration of petitioner's M.Sc. Course is for one more year and he will not be able to return to India until then.