IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 21ST MAY 2008 / 31ST VAISAKHA 1930 Crl.MC.No. 1699 of 2008() ------------------------- CC.298/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, CHITTUR .................... PETITIONER: ------------ A.V.GOPALAN, AGED 70 YEARS S/O. VIDYALINGOM, 9/137, VENKETESWARA 16TH ROAD, CHEMBOOR, MUMBAI 400 071. BY ADV. SRI.BINOY VASUDEVAN RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM 2. A.A.KRISHMAMURTHY, AGED 46 YEARS S/O.LATE ANANTHANARAYANA IYER 8/141,ALAMPALLAM VILLAGE, KOLLANGODE, CHITTOOR TALUK. R1 BY PUBLIC PROSECUTOR SRI.K.C. SANTHOSH KUMAR SRI.SAJAN VARGHEESE K. FOR R2 SRI.LIJU. M.P FOR R2 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/05/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 1699 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of May, 2008 O R D E R The petitioner is the second accused in a prosecution under Section 420 I.P.C. Allegations and counter allegations are raised all under Section 420 I.P.C. between the parties. Cognizance has been taken against the petitioner in a private complaint filed by the complainant/second respondent herein. The petitioner has not entered appearance before the learned Magistrate. He finds warrant of arrest and coercive processes issued by the learned Magistrate chasing him. 2. According to the petitioner he is innocent. He resides permanently at Mumbai. He is aged 70 years. The proceedings against him are false and vexatious. The transparent intention is to maliciously vex and harass the petitioner. He is willing to appear before the learned Magistrate through counsel. Crl.M.C.No. 1699 of 2008 2 3. After discussions at the Bar, the learned counsel prays that the petitioner may be permitted to appear through counsel and claim discharge under Section 245(2) Cr.P.C. 4. The second respondent has entered appearance. After considering all the relevant inputs, I am satisfied that an appropriate direction can be issued under Section 482 Cr.P.C. in this case. 5. This Crl.M.C. is allowed in part. There shall be a direction to the learned Magistrate to permit the petitioner to appear through counsel and advance his plea for discharge under Section 245(2) Cr.P.C. The learned Magistrate shall pass appropriate orders. Till a decision is taken and order passed under section 245(2) Cr,.P.C. The learned Magistrate shall not insist on the personal appearance of the petitioner. Till a decision is taken under Section 245(2) Cr.P.C. there shall be a further direction that no coercive processes shall be executed against the petitioner. (R. BASANT) Judge tm Crl.M.C.No. 1699 of 2008 3