IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 16TH JANUARY 2009 / 26TH POUSHA 1930 Crl.MC.No. 247 of 2009() ------------------------ CC.323/2006 of JUDL.MAGISTRATE OF FIRST CLASS COURT, PAYYANNUR .................... PETITIONER/a/ACCUSED: ------------------------------ NOUJESH K., S/O. AMBUKUNHI AGED 27 YEARS, KAVVAL, GANDHI NAGAR COLONY PAYYANNUR AMSOM, TALIPARAMBA TALUK KANNUR DIST. BY ADV. SRI.M.V.AMARESAN RESPONDENT/COMPLAINANT: --------------------------------------- STATE OF KERALA, REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/01/2009 , THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.247 of 2009 - - - - - - - - - - - - - - - - - - - - - - Dated this the 16th day of January, 2009 O R D E R The petitioner faces indictment in a prosecution for the offence punishable under Section 326 I.P.C. Investigation is complete. Final report has already been filed. Cognizance has been taken. He was enlarged on bail. The matter came up for trial. The petitioner was not able to appear before the learned Magistrate. It is submitted that he secured employment abroad and the compulsions of his employment did not permit him to return to India and and take part physically in the trial to be held against him. Non-bailable warrant has been issued. Notice has been issued to his sureties. The petitioner, in these circumstances, has come to this Court for issue of appropriate direction under Section 482 Cr.P.C. 2. The learned counsel for the petitioner submits that the petitioner is willing to take part in the trial. He does not want to dispute his identity. He will be represented by his counsel. The Crl.M.C.No.247 of 2009 2 counsel shall go on with the trial in his absence. The petitioner shall appear personally if sufficient time is given for S.313 examination. In the alternative he shall apply to get examination under Section 313 conducted in his absence by furnishing a questionnaire in accordance with law as it is virtually impossible for the petitioner to appear before the learned Magistrate personally now. The learned Magistrate may be directed to consider his request and take appropriate decision. He does not want to protract the trial. In these circumstances the prayer of the petitioner may be considered sympathetically and in accordance with law, prays the counsel. 3. It is submitted that the case stands posted to 17.1.2009. I have considered all the relevant inputs. I take note of the submission of the petitioner that he was appearing on all dates of posting till 21.8.2008, on which date he was obliged to go abroad to take up employment. He could not stay back as he would lose his employment otherwise. Considering all the relevant inputs, I am satisfied that appropriate direction can be issued in favour of the petitioner. Crl.M.C.No.247 of 2009 3 4. In the result: a) This Crl.M.C. is allowed in part. b) There shall be a direction that coercive processes issued against the petitioner and his sureties need not be attempted to be executed till 28.1.2009. c) On the next date of posting i.e. 17.1.2009, or immediately thereafter the petitioner's counsel can appear and apply for exemption of the petitioner from personal appearance. He can, in accordance with law, make necessary application for exemption and for permission for the petitioner to be represented by his counsel to take part in the trial. Appropriate orders shall be passed by the learned Magistrate on such application. Needless to say, if aggrieved by the orders of the Magistrate, the option of the petitioner to seek further relief from this court shall remain. 5. Hand over the order. (R. BASANT) Judge Crl.M.C.No.247 of 2009 4 tm