IN THE SUPREME COURT OF INDIA

CRIMINAL  APPELLATE JURISDICTION

CRIMINAL  APPEAL  NO. 1435  OF 2008

[Arising out of SLP(Crl.) No. 5432/2006]

T.O. ABARAHAM ... APPELLANT(S)

:VERSUS:

STATE OF KERALA AND ORS. ... RESPONDENT(S)

O R D E R

Leave granted.

Having heard the learned counsel for the parties, we are of the opinion that

in view of the fact that the principal ground on which the appellant's application for

splitting up of charges had not been acceded to is the filing of the application by the

appellant two months after framing of the charge-sheet.  

The High Court unfortunately has not gone into the merit of the matter at

all.  

Ordinarily, we would have remitted the matter back to the High Court.   

..2/-

.2.

However, keeping in view the decision of this Court in  Balbir vs.  State of

Haryana & Anr., [2000 (1) SCC 285], we are of the opinion that the matter should be

considered  afresh  by  the  learned  Trial  Judge.  While  doing  so,  an  opportunity  of

hearing shall also be granted to the other accused, if they oppose the said prayer of the

appellant Nos.7 & 8.  

The learned Trial Judge shall pass a reasoned order in the event it is found

that the contention of the appellant has no merit, the hearing of the case shall be taken

up as expeditiously as possible.  

The appeal is disposed of accordingly.

..........................J. (S.B. SINHA)

..........................J.   (CYRIAC JOSEPH)    NEW DELHI, SEPTEMBER 8, 2008.