The petitioner herein is the accused in S.C No.574/2013 of the Court of Session, Thrissur, now pending before the Principal Assistant Sessions Judge, Irinjalakkuda. Pending the proceeding, he filed application as C.M.P No.122/2013 for release of his passport for the purpose of going abroad for employment. Accordingly, his passport was released, and he went abroad, but subsequently during the proceeding when the accused remained absent, the learned trial judge rejected the application to excuse his absence, and issued warrant of arrest. Having once allowed him to go abroad, and released his passport, the application to excuse absence should not have been mechanically rejected. Anyway, warrant of arrest is now pending, and the learned trial Judge will have to take proper decision, when request is made on behalf of the accused. His present grievance is that the application filed by him for discharge as C.M.P 128/2014 is still pending in the court below. He is confident that he will get orders in his favour. Anyway, that is a matter to be decided by the learned trial Judge. The application Crl. M.C No. 6543 of 2014 2 filed by the petitioner for discharge will have to be heard at the earliest and disposed of. In the above circumstances, the application for discharge can be heard by the learned trial Judge without insisting on the presence of the petitioner, who is already allowed to go abroad. In case the application for discharge is decided against him, the learned trial Judge can later take decision appropriately, as regards personal appearance of the accused. With these observation, this proceeding is closed, however with direction to the court below that decision on C.M.P No.128/2014 shall be taken without any delay.
P.UBAID, JUDGE sab