IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 Crl.MC.No. 4049 of 2008() --------------------------------------- (C.C.NO.1166/2004 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, ADOOR) ................ PETITIONER(S): ACCUSED NO.1: ------------------------------------------------- PRAVEEN, S/O.PARAMESHWARAN, PRAVEEN VILLA, POOZHIKKAD, KUDASSNAL P.O., PATHANAMTHITTA DISTRICT. BY ADV. SRI.SUNNY MATHEW RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- 1. STATE OF KERALA THROUGH THE SUB INSPECTOR OF POLICE, PANDALAM POLICE STATION. 2. THE DEPUTY SUPERINTENDENT OF POLICE, ADOOR. (RESPONDENTS 1 AND 2 REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM) BY PUBLIC PROSECUTOR SRI. AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 29/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4049 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008 O R D E R The petitioner is the first accused in a prosecution for offences punishable, inter alia, under Section 447 I.P.C. All offences are summons offence, it is submitted. The petitioner has already entered appearance and has been enlarged on bail. He is employed abroad. For the petitioner a counsel appeared before the court below. The matter stands posted for trial. It is impossible for the petitioner to appear on the day, on which the case is listed for trial. The petitioner wants his personal presence to be exempted and the counsel to be permitted to represent him in the trial. He has rushed to this Court with this petition under Section 482 Cr.P.C. The counsel submits that the petitioner does not want and has no intention to dispute his identity. In these circumstances it is prayed that the court below may be directed to exempt the petitioner from personal appearance under Section 205/317 Cr.P.C. and permit him to conduct the case in the presence of his counsel. Crl.M.C.No. 4049 of 2008 2 2. The request does appear to me to be legitimate on the basis of the submissions made at the Bar. But it is certainly for the petitioner to make this request from the learned Magistrate. If an application for exemption is filed duly complying with all the requisite formalities, the learned Magistrate must proceed to consider the same on merits, in accordance with law and expeditiously. 3. With the above observations this Crl.M.C. is dismissed. (R. BASANT) Judge tm