IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 Tr.P(Crl.).No. 49 of 2008() --------------------------- CC.269/2007 of J.M.F.C.- I, DEVICOLAM .................... PETITIONER: ------------ ALBY PAIVA @ ALPHY S/O. WILLY PAIVA, KARUVALLI HOUSE THOPPUMPADI, KOCHI. BY ADV. SRI.KISHOR B. RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. SUB INSPECTOR OF POLICE MUNNAR BY P.P. SRI. GIKKU JACOB. THIS TRANSFER PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Tr.P. (Cri) No. 49 of 2008 ------------------------------------------------- Dated this the 25th day of July, 2008 ORDER The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sec.468 read with Sec.34 IPC. Investigation is complete. Final report has already been filed. Cognizance has been taken by the learned Magistrate. The petitioner had received summons; but he has not appeared. On 18/7/08, when the petitioner through counsel appeared before court, it was learnt that a warrant of arrest has already been issued against the petitioner and the case stands posted to 28/7/08. The petitioner has, in these circumstances, come to this Court with a prayer that the case may be transferred to any court at Kochi. The reason urged is that the petitioner suffers from cardiac ailment and that he is hence unable to undertake the journey to Devicolam where the Tr.P. (Cri) No. 49 of 2008 -: 2 :- case is now pending. 2. I am unable to agree that sufficient reason for transfer has been made out. However, I take note of the submission of the learned counsel for the petitioner and I am satisfied that appropriate direction can be issued. 3. This petition is, in these circumstances, dismissed. But it is directed that the warrant of arrest issued against the petitioner shall not be executed till 4/8/08. On or before that date, the petitioner shall appear before the learned Magistrate and seek regular bail. The learned Magistrate must consider such application on merits, in accordance with law and expeditiously – on the date of appearance itself. 4. There shall be a further direction that the petitioner can apply for exemption from personal appearance on the ground of his illness and the learned Magistrate must pass appropriate orders on such application also. I need only mention that it is not necessary for a criminal court to insist on ritualistic personal appearance of an indictee on all dates of posting. On dates when his personal presence is not necessary for the progress of Tr.P. (Cri) No. 49 of 2008 -: 3 :- the case, he can certainly be permitted to appear through his counsel. 5. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge