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2026 Supreme(Online)(Ker) 13599

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


Advocates:
For the Appellants/Petitioners: SRI.SHAJIN S.HAMEED
For the Respondents: PUBLIC PROSECUTOR

C.S.DIAS, J.

---------------------------------------------

Crl.M.C. No. 1067 OF 2026 -----------------------------------------------

Dated this the 23rd day of February, 2026 ORDER The petitioner is the accused in CC No.57/2020 on the file of the Court of the Judicial First Class Magistrate-XI, Thiruvananthapruam (‘Trial Court’), which has originated from Crime No.2733/2019 registered by the Vanchiyoor Police Station, Thiruvananthapuram.

2. The petitioner has stated in the Crl.M.C. that although PWs 1 to 3 were cross-examined, the cross examination was not effective as it was conducted by a junior counsel. Certain relevant questions were omitted to be put to PWs 1 to 3. In the above background, the petitioner filed an application to recall and re-examine PWs 1 to 3. Though the prosecution did not file any objection to the application, by the impugned Annexure- F order, the Trial Court rejected the application on the finding that the incompetence of the defence counsel in cross examination is not a ground to recall a witness. Annexure-F order is ex-facie erroneous and hyper-technical. The Trial Court has failed to appreciate that the petitioner was not given an equal opportunity to cro

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