IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15355 of 2009(R)
1. ANANTHA NARAYANA BHAT,
... Petitioner
Vs
1. HIGH COURT OF KERALA,ERNAKULAM AND OTHER
... Respondent
For Petitioner :SRI.C.S.MANU
For Respondent :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :16/06/2009
O R D E R
M.SASIDHARAN NAMBIAR, J.
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W.P.(C) No. 15355 of 2009-R
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Dated this the 16th day of June, 2009.
JUDGMENT
This petition is filed under Articles 226 and 227 of Constitution
of India for a direction to the Special Judge (CBI/SPE)-I, Ernakulam
not to conduct trial of C.C.No.4/2004 in the court room contending
that it is not convenient to accommodate all the lawyers appearing for
accused 5 to 24 and therefore no fair trial is possible.
2. As the learned Counsel appearing for the petitioner
asserted that there is no convenience for 23 accused to appear and
their Counsel to represent them and to take notes at the time of
recording the evidence, a report was called for from the Registrar
(Subordinate Judiciary). The Registrar has reported that out of the 23
accused, only 21 accused now appear and the case as against the
other two accused was split up. The Registrar has also reported that
it is possible to accommodate the accused and their Counsel in the
court room. In such circumstances, I do not find any justification to
give a direction as sought for. Petition is dismissed.
M.SASIDHARAN NAMBIAR
JUDGE
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