IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 Crl.MC.No. 4458 of 2008() ---------------------------------- ST.229/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT-V, TRIVANDRUM .................... PETITIONER(S): ACCUSED ---------------------- RAM MANOJ, AGED 38 YEARS, S/O.RAMACHANDRAN, (M/S.A.M.BODY BUILDERS), RESIDING AT NEELA BHAVANAM, PANAPPETTY MURI, PORUVAZHY (P.O), SASTHAMCOTTA VILLAGE, KUNNATHUR, KOLLAM DISTRICT. BY ADV. SRI.P.V.DILEEP RESPONDENT(S): COMPLAINANT AND STATE ------------------------------ 1. THOMAS DANIEL, PROPRIETOR, IVELIKUZHI TRADERS, K.P.12/1070, N.C.C.ROAD, PEROORKADA, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19/11/2008, ALONG WITH CRMC. NO. 4459 OF 2008 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.Nos. 4458 & 4459 of 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2008 O R D E R The petitioner faces indictment in two separate prosecutions, both under Section 138 of the N.I. Act and both initiated by the same complainant. According to the petitioner, he has not received any notice, process or summons issued by the court so far. The learned Magistrate has now issued non- bailable warrant to procure the presence of the petitioner. According to the petitioner he is absolutely innocent. He is willing to appear before the learned Magistrate through counsel. He prays that the learned Magistrate may be directed to consider his application for exemption from personal appearance under Section 205 Cr.P.C. as permitted in the decision in Jain Babu v. Joseph (2008 (4) KLT 16) without insisting on the personal presence of the petitioner. 2. I find the said request to be reasonable. There shall be an interim direction that the warrants of arrest issued against the Crl.M.C.Nos. 4458 & 4459 of 2008 2 petitioner shall not be executed till 28.11.2008. On or before that date the petitioner shall appear before the learned Magistrate through counsel. He can make a request for exemption from personal appearance under Section 205 Cr.P.C. in the light of the decision referred above. Appropriate decision on merits shall be passed by the learned Magistrate on such application. 3. These Crl.M.Cs. are allowed to the above extent. 4. Hand over the order. (R. BASANT) Judge tm