S. Pradeep Kumar vs State Of Kerala

K.Babu, J

This Original Petition (Criminal) is filed under Article 227 of the Constitution of India with the following reliefs:

“(i) Issue an appropriate order or direction directing the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram to defer the trial in C.C No.15/2013 on its files for a minimum period of three months.

(ii) Issue such other appropriate order or direction that may be deemed to be just and equitable in the facts and circumstances of the case.

(iii) Issue such other appropriate order or direction dispensing with the filing of English translation of the vernacular documents produced along with the writ petition.”

The petitioner is accused No.2 in C.C.No.15/2013 on the file of the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram. The petitioner faces charges alleging offences punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 420, 468 and 471 read with Section 34 of the Indian Penal Code.

The Court below framed charges against the petitioner and scheduled the case for trial on 17.10.2022. The petitioner seeks a direction to the Trial Court to defer the trial for a period of three months citing medical reasons.

The petitioner on 01.06.2022 was diagnosed as having suffered a cardiac arrest. He underwent surgery at S.K. Hospital, Thiruvananthapuram. He was discharged on 06.06.2022. Subsequent to the discharge, the petitioner had to undergo two more procedures. The subsequent treatments were carried out at the Medical Trust Hospital, Ernakulam. The Cardiologist who treated the petitioner advised complete bed rest for a period of three months. The wife of the petitioner, who had been taking care of him, had to undergo a total hip replacement to both her hips. After the surgery she was discharged only on 04.10.2022.

It is submitted that the petitioner is incapacitated to participate in the trial, which is scheduled to commence on 17.10.2022. The petitioner relies on Exts.P1 to P3 to fortify his submissions.

Having regard to the materials placed before the Court, this Court is of the view that the trial in C.C No.15/2013 on the file of the Court of Enquiry Commissioner and Special Judge can be deferred till 31.12.2022.

Therefore, the trial in C.C.No.15/2013 on the file of the Court of Enquiry Commissioner and Special Judge shall stand deferred till 31.12.2022. The Court below shall re-schedule the trial in the case to a day after 31.12.2022

The Original Petition (Criminal) is disposed of as above.