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2018 Supreme(Ker) 774

Unnikrishnan – Appellant
Versus
Sub Inspector of Police – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P. Sreekumar, Gayathri Muraleedharan, K. Arjun Venugopal, R. Nandagopal, Sidharth B. Prasad, Sooraj T. Elenjickal & V.A. Haritha
For the Respondent: Government Pleader (V. Sreeja)

ORDER :

The petitioner is the first accused facing trial in Crime No.5/2016 of Kurathikadu police station for offences punishable under Ss.3(a) read with Ss.4 & 5(1)(m)(n) and S.6 of POCSO Act, Ss.375 and 506(1) of I.P.C. and S.23 of Juvenile Justice Act.

2. The petitioner had approached this court earlier by filing Tr.P. (Crl) No.34/2018, raising an apprehension that he will not get fair trial due to the alleged prejudicial approach of the learned Judge. Few grievances regarding the procedure adopted in the course of trial were also raised. After perusing a report obtained from the above court, this court had felt that since trial had already commenced, it would be appropriate not to interfere in the course of trial. However, the need for ensuring a fair trial was highlighted by this court, while disposing of Transfer Petition (Crl.) No.34 of 2018, by order dated 13.4.2018. The accused and his lawyer were directed to maintain the decorum of court and to ensure that the trial progresses in a fair and peaceful manner. The court was also directed to ensure a free and fair trial to the petitioner and reminded that justice should not only be done, but seen to be done.

3. The first accused











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