Aswin vs State Of Kerala

A. Badharudeen, J

This original petition (criminal) has been filed under Article 227 of the Constitution of India with the following prayers:

“i) To issue an appropriate order or direction commanding the Hon'ble Additional Sessions V, Kollam to club together SC No.2001/2022 on the Files of the Hon'ble Additional Sessions V, Kollam and Crime No.686/2022 of Sasthamcotta Police Station, Kollam, pending on the files of the Principal Sessions Court, Kollam together into a single sessions case and to start the trial only after such amalgamation is made.

ii) To issue other appropriate order as this Hon'ble Court deems fit, in the facts and circumstances of this case.”

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

It is submitted by the learned counsel for the petitioner that initially incomplete Final Report was filed against accused Nos. 1 and 2 to deny statutory bail to them.

Now, the grievance of the petitioner/1st accused is that, after filing the Final Report against accused Nos. 1 and 2 further investigation continued in relation to the mobile phone of the petitioner and with regard to the role of the other accused in this crime. The learned counsel for the petitioner also submitted that as of now in view of the Final Report against accused Nos.3 to 5, the case against accused Nos. 3 to 5 has been pending as S.C. No.996/2023 before the same Court.

In view of the submission, case diary along with report of the Investigating Officer was called for. As per the report dated 27.07.2023, it has been reported by the Investigating Officer that as of now the investigation has been completed and supplementary Final Report has been filed against accused Nos. 3 to 5.

Since two cases in relation to accused Nos. 1 and 2 and accused Nos. 3 to 5 are pending before the same court, in the interest of justice, both cases can be clubbed together and all accused can be tried together, not only for the convenience of the accused but also for the convenience of the prosecutor as well as the Court.

In view of the above, learned Special Judge (Additional Sessions V, Kollam) is directed to jointly try SC No.2001/2022 and S.C. No.996/2023 pending before that Court together and to avoid separate trial as apprehended by the petitioner. The trial shall be expedited since the accused are in custody, at any rate within a period of six months from the date of receipt of a copy of this judgment.

Registry is directed to forward a copy of this judgment to the Special court for information and compliance.