IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN MONDAY, THE 27^TH DAY OF JANUARY 2025 / 7TH MAGHA, 1946 CRL.MC NO. 366 OF 2025 CRIME NO.1555/2017 OF KODANAD POLICE STATION, ERNAKULAM AGAINST THE ORDER/JUDGMENT DATED 10.12.2024 IN SC NO.623 OF

2020 OF FAST TRACK SPECIAL COURT , PERUMBAVOOR PETITIONER/ACCUSED NO.1:

JIBOY AGED 41 YEARS S/O. BABY, CHIRAYATHU HOUSE, THOTTUVA, KODANAD VILLAGE ERNAKULAM DISTRICT, PIN - 683544 BY ADVS.

JAISON JOSEPH JIMMY JOSEPH VEENA VALLIKANTHAN RESPONDENTS/STATE:

1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031

2 INSPECTOR OF POLICE KODANAD POLICE STATION., PIN - 683544 MINI GOPINATH – CENTRAL GOVERNMENT COUNSEL E.C. BINEESH – PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.01.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

ORDER

Dated this the 27^th day of January, 2025 The petitioner herein is the first accused in S.C.No.623 of 2020 of the Fast Track Special Court, Perumbavoor, is aggrieved by Annexure-3 order, which refused the petitioner’s request to examine the defence witness, who is presently located in United Kingdom, through the Electronic Video Linkage Rules for Courts (Kerala) 2021. The reason stated for refusal is that the prosecution is not agreeable for examination of the witness, without engaging a co-ordinator at the remote point. The trial court also found that the examination of witness as per the above rules is a cumbersome and time consuming process, resulting in delay in disposal of the case.

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

3. This Court sought the assistance of the learned Central Government Standing Counsel, who sought for time to ensure the presence of an Official of the Consulate General of India, Birmingham at the remote point. Accordingly, a mail is handed over today dated 21.1.2025, indicating that the Consulate General of India, Birmingham, is prepared to facilitate video conferencing, provided the conditions stipulated in the letter are satisfied. A copy of the letter was given to the learned counsel for the petitioner, who, after perusing the same, would submit that all the conditions in that letter can be satisfied by the witness who is sought to be examined. Accordingly, the Consulate General of India, Birmingham is directed to facilitate video conferencing in S.C.No.623 of 2020 with the Fast Track Special Court, Perumbavoor, at 3.30 p.m., (Indian Standard Time) on 07.02.2025, and the petitioner will ensure that the requirements in terms of the letter dated 21.01.2025 are satisfied by the witness sought to be examined. The learned Sessions Judge, Fast Track Special Court, Perumbavoor, is also directed to make necessary arrangements for adducing evidence through video conference. Needless to say that, the identity of the victim sought to be examined will be checked and confirmed by the Official at the Consulate General of India, Birmingham. Learned Special Judge will be at liberty to do all further acts and to issue orders to facilitate and ensure that the video conference takes place for the purpose of adducing of evidence.

The Crl.M.C. is disposed of as above. Hand over a copy of this Order to the counsel for the petitioner, as also, to the learned Central Government Standing Counsel.

Sd/-

C.JAYACHANDRAN,JUDGE Pvv APPENDIX OF CRL.MC 366/2025 PETITIONER’S ANNEXURES ANNEXURE A1 THE TRUE OFFICE COPY OF THE STATEMENT FILED BY THE PETITIONER UNDER SECTION 313 (5) OF THE CODE OF CRIMINAL PROCEDURE ANNEXURE A2 THE TRUE OFFICE COPY OF THE PETITION FILED AS CRL.M.P.NO.328/2024 BEFORE THE FAST TRACK SPECIAL COURT, PERUMBAVOOR ALONG WITH SCHEDULE II ANNEXURE A3 THE CERTIFIED COPY OF THE ORDER DATED

10.12.2024 IN CRL.M.P. NO.328 OF 2024 IN S.C. NO.623 OF 2020 ON THE FILE OF FAST TRACK SPECIAL COURT, PERUMBAVOOR ANNEXURE A4 THE TRUE PHOTOCOPY OF THE NOTIFICATION BEARING NO.D1-1/107950/2023 DATED

09.04.2024 AND T