ORDER :

The petitioner is the accused in Crime No.231/2022 of Payyannur Police Station, Kannur registered alleging commission of offences under Sections 354 A (1), 354 B, 354 (D)(1)(i), 511, 376 of the Indian Penal Code and Section 10 read with 9 (f) (l) (p) and Section 12 read with 11 (iv) of the Protection of Children from Sexual Offences Act, 2012 (the POCSO Act). Following the investigation, a final report was filed. Charges were framed against the accused under Sections 354 A (1)(1), 354 D (9),(l),(i), 511 read with 376 of the Indian Penal Code and Section 9 read with (I), (f), (p), (m) Sections 10, 11 read with Section 12 of the POCSO Act on 09-08-2023. Following the framing of charges, a summons was issued to CW1 (the victim in the case), and the case was adjourned to 21-09-2023. On 21-09-2023, the petitioner / accused was present in court. However, CW1 was absent. Therefore, a summons was issued to CW2, and a bailable warrant was issued to CW1. The matter was adjourned to be listed on 16-10-2023. On 16-10-2023, the petitioner / accused appeared through counsel and filed Annexure-A4 application numbered as CMP No.466/2023 seeking to condone the absence of the accused on that