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2026 Supreme(Online)(Ker) 9679

IN THE HIGH COURT OF KERALA AT ERNAKULAM
C.S.DIAS, J
NITHEESH @ UNNI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.T.I.UNNIRAJA, SRI.S.G.SREEKANTH, SRI.S.BADUSHA, SHRI.FAHEEM AHSAN.S, SHRI.VAIDERSH H.S, SHRI.R.S.VISRUTH, SHRI.NANDHU KRISHNA S. R.
For the Respondents: PP. SRI. M.P.PRASANTH

O R D E R Dated this the 11th day of February, 2026 The petitioners are the accused 1 to 3 in S.C No.2522/2023 on the file of the Court of the Additional Session Judge-VII, Thiruvananthapuram (Trial Court). 2. The petitioners have stated in the Criminal Miscellaneous Case that, the trial in the above case is in progress. When the case was posted for the examination of PWs 29 and 30, the counsel for the petitioners filed an application to adjourn the cross-examination of PW30 in the afternoon session, as the counsel had to take his mother for treatment to the PRS Hospital, Thiruvananthapuram, since she is suffering from blood cancer. However, the petitioners’ counsel cross-examined PW29 in the forenoon session. Notwithstanding the genuine reason put forth by the petitioners in the application, the Trial Court, by the impugned Annexure A4 order, dismissed the application, on the ground that it was filed only to protract the trial. Annexure A4 impugned order is ex-facie erroneous and unreasonable. The Trial Court ought to have comprehended the genuine reason put forth by the petitioners’ counsel that he had personal inconvenience in the afternoon session. Hence, Annexure A4 order may

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