'Expedite trial if accused gets job'

KOCHI: If an accused gets selected for employment and the prosecution is getting delayed due to non-appearance of other accused, the case can be disposed off expeditiously after splitting the trial, says the Kerala high court. The directive was issued by justice B Kemal Pasha while considering a petition filed by Sharan Kumar hailing from Sooranad in Kollam. Sharan, the ninth accused in a criminal case registered in 2010 was subsequently selected for a job in a recruitment conducted by Kerala Public Service Commission (KPSC).Sharan's counsel Rajit argued that even though his client could secure an employment, he can join duty only after termination of the pending case.While the petitioner and three other accused has been appearing before the judicial first class magistrate court of Sasthamkotta from 2011 onwards, trial could not be commenced solely because the other accused are still at large, the counsel submitted.In between, state government had decided to withdraw the prosecution in the case, using its powers under section 321 of the criminal procedure code. An application for dropping the case was filed before the lower court, but the court declined permission to do so.After considering the petition, the high court said non-appearance of other accused is not a ground to dispense with the trial against the petitioner, who is appearing before the court.The high court held: “Especially, when the court below has chosen not to permit the withdrawal of the prosecution under Section 321CrPC, the court below has to take note of the fact that the petitioner has got an employment and he is eager to join duty . The court below shall split up the case against the accused, who are not appearing before the court below and dispose of the case against the petitioner and the other accused, who are appearing before the court below, expeditiously .“