CourtKutchehry.com
High CourtsSingle Bench(2022) 11 KL CK 0200

Monson M.C @ Monson Mavungal vs State Of Kerala

High Court Of Kerala · Decided on 16 November 2022

HON’BLE JUDGES
Dr. Kauser Edappagath, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Petitions No. 8256 Of 2022
Download PDFAsk AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 344 words

Dr. Kauser Edappagath, J

1.

The petitioner is the accused in SC No.417/2022 pending on the file of Additional Sessions Court, Ernakulam (for short, the court below). He faces trial for the offences punishable under Section 376(2)(k),376(2)(n), 312 and 506(i) of the Indian Penal Code .

2.

It is submitted that the case now stands posted to 18/11/2022 for questioning the petitioner u/s 313 of Cr.P.C Before that, the petitioner wants to have a discussion with his lawyer. The counsel for the petitioner moved an application at the court below as CMP No.693/2022 seeking permission to visit the petitioner in High Security Prison, Viyyur where he is detained at least for two hours for five days and sought for a direction to the Jail Superintendent to give such facility to him. The said petition was dismissed by the court below as per the impugned order. It is under challenge is this Crl.M.C.

3.

I have heard Sri.M.G.Sreejith, the learned counsel for the petitioner and Smt.T.V.Neema, the learned Senior Public Prosecutor.

The right of an accused to have consultation with his lawyer is a very valuable right. It cannot be denied without any valid reason. The case now stands posted to 18/11/2022 for examination of the accused u/s 313 of Cr.P.C. The accused necessarily will have to seek advise from his Advocate before he gives statement u/s 313 of Cr.P.C. Hence, I am of the view that the petitioner should be permitted to contact his Advocate at the jail. Hence, this Crl.M.C is disposed of as follows:-

(i) The petitioner is permitted to interact with his Advocate viz., Sri.M.G.Sreejith at the High Security Prison, Viyyur from 1.00 a.m. to 11.00 a.m. Tomorrow (17/11/2022).

(ii) The Jail Superintendent shall make arrangements as per Rules to have a smooth interaction between the petitioner and his Advocate.

(iii) The Jail Superintendent is at liberty to deploy any official to observe the petitioner as well as his Advocate. The said person should stand at such distance that he shall not hear the conversation between the petitioner and the Advocate.