The petitioner herein is the original 14th accused in Crime No.102/2002 of the Punalur Police Station. The case is now pending as S.C.No. 241/2010 before the learned Assistant Sessions Judge, Kottarakkara. There are altogether 14 accused in the case. Committal as against different sets of accused was made at different stages by the committal court. When one or the other accused absconded during the trial process, the trial court had to initiate necessary steps including coercive steps under Sections 82 and 83 of the Code of Criminal Procedure. Cognizance on the final report was originally taken in 2005. The grievance of the petitioner is that, being a senior citizen aged 65 years, he finds it difficult to appear before the trial court, and that trial is being unnecessarily delayed. He seeks orders under Section 482 Cr.P.C. from this Court directing the trial court to expedite trial in S.C.1538/2005. 2. As required by this Court, the learned Trial Judge Crl.M.C.. No. 4837/2014 2 submitted report regarding the present stage of the case. It is reported that charge against the accused was framed long back, and the case proceeded for trial in November, 2013. But during the proceedings, the accused No.8 absconded from the trial process, and so steps had to be initiated against him and his sureties. Such steps are still pending, and the 8th accused is still absconding. The learned Trial Judge has reported that trial can proceed only after necessary steps are completed. In the present factual situation, a time bound disposal cannot be ordered by this Court. If the petitioner has any physical ailment, and if he finds it difficult to appear in court on all posting dates, he can make necessary application before the trial court for exemption from personal appearance. It will definitely be considered by the learned Trial Judge. However, he will have to make appearance, when the material witnesses are examined. Any way, the said request will have to be judiciously considered by the learned Trial Judge. In the present circumstances, this Court can make a direction for expeditious disposal after completing necessary steps.
Crl.M.C.. No. 4837/2014 3 In the result, this Crl.M.C. is closed with direction to the court below that trial in S.C.No.1538/2005 shall be expedited after completing necessary steps against the absconding accused.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE