Monson M.C. @ Monson Mavungal vs State Of Kerala

P.G. Ajithkumar, J

Petitioner is the accused in S.C.No.1 of 2022 on the files of the Additional Sessions Judge (Fast Track Special Court), Perumbavoor. The offences alleged against the petitioner are punishable under Section 3(b), 4, 7, 8, 9(l) read with 21 of the Protection of Children from Sexual Offences Act, 2012.

The petitioner would submit that in order to take instructions concerning the civil cases, to which the petitioner is a party, interviewing him for sufficient duration is absolutely necessary. Since the petitioner is lodged in high security prison, Thrissur, his counsel could not yet get instructions from him.

Heard the learned counsel for the petitioner and the learned Public Prosecutor.

Having regard to the facts submitted by the learned counsel for the petitioner, I am of the view that permission, subject to conditions and the relevant rules, can be granted for a period of 2 hours.

Accordingly this Crl.M.C. is allowed as follows:

i) The Superintendent of high security prison, Thrissur is directed to allow the petitioner to interact with Adv.Rojin Devassy and Adv.M.G.Sreejith for a period of 2 hours from 1.00 p.m till 3.00 p.m on 17.02.2024 at the appropriate place in the jail.

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

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