IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3591 of 2008() ------------------------- CC.573/2003 (C.C.186/07) of JUDL.MAGISTRATE OF FIRST CLASS COURT, ALATHUR .................... PETITIONER(S): --------------- NAZAR, S/O HUSAINAR, AGED 27 YEARS, VAVULIAPURAM, THONIPADAM, ALATHUR. BY ADV. SRI.JOHNSON P.JOHN SRI.BABY MATHEW RESPONDENTS(S): ---------------- 1. STATE OF KERALA, REPRESENTED BY PUBIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SUB INSPECTOR OF POLICE, ALATHUR POLICE STATION, PALAKKAD DIST. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 3591 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of September, 2008 O R D E R The petitioner faced indictment in a prosecution for offences punishable, inter alia, under Section 452 I.P.C. He was not available for trial. The case against accused 3 to 6 was proceeded with. They were found not guilty and acquitted. As against the petitioner and another, the case was split up and refiled. He is not available in India now. The petitioner wants to appear before the learned Magistrate in that case through counsel and plead discharge. He wants to apply for exemption from personal appearance. But he apprehends that, as non-bailable warrant is pending against him, such application may not be considered. 2. I am satisfied in the facts and circumstances of this case that appropriate directions can be issued. 3. This Crl.M.C. is allowed in part. The petitioner shall be permitted to appear before the learned Magistrate through his Crl.M.C.No. 3591 of 2008 2 counsel and claim exemption from personal appearance under Section 205 Cr.P.C. and plead discharge under Section 239/240 Cr.P.C. Until a decision is taken on the question of framing charge, the personal presence of the petitioner shall not be insisted by the learned Magistrate. 4. Hand over the order. (R. BASANT) Judge tm