IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 21ST NOVEMBER 2008 / 30TH KARTHIKA 1930 Crl.MC.No. 4497 of 2008() ------------------------- ST.1834/2004 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONERS/ACCUSED & 3RD PARTY: ----------------------------------------------------- 1. LALKUMAR L.S., AGED 38 YEARS S/O. LAKSHMANA PANICKER, RESIDING AT 32/07, PUTHENVEETTIL (SUKUMARA VILAS), KANHIRAPPUZHA PALAKKAD. 2. SINDHU C.M., W/O. LALKUMAR L.S. DO. DO. BY ADV. SRI.SANTHEEP ANKARATH RESPONDENTS/STATE & COMPLAINANT: --------------------------------------------------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. EXECUTIVE MAGISTRATE & TAHSILDAR TALUK OFFICE, MANNARKKAD. BY PUBLIC PROSECUTOR SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4497 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of November, 2008 O R D E R The first petitioner faces indictment in a prosecution for offences punishable under Sections 279 and 338 I.P.C. Cognizance was taken as early as in 2004. The first petitioner is employed abroad and he is not able to appear before the learned Magistrate now. He had appeared earlier and was enlarged on bail. But subsequently, on account of the compulsions of his employment, he has not been able to appear. Coercive processes have been initiated against him. His property is being brought to sale in his absence in proceedings under Section 82/83 Cr.P.C. The first petitioner, along with the second petitioner, his wife, has come to this Court apprehending that his property may be brought to sale on 26.11.2008 as threatened in Annex.A notice issued by the Executive Magistrate. 2. The learned counsel for the petitioners submits that the first petitioner is employed abroad and that is why he has not Crl.M.C.No. 4497 of 2008 2 been able to appear before the learned Magistrate. If 45 days time were granted, it shall be ensured that the first petitioner appears before the learned Magistrate. Any appropriate condition may be imposed, but the ordeal of his property being brought to sale may be avoided. 3. I accept the undertaking on behalf of the first petitioner that the first petitioner shall surrender before the learned Magistrate within a stipulated time. I am, in these circumstances, satisfied that subject to appropriate safeguards this Crl.M.C. can be allowed. 4. In the result: a) This Crl.M.C. is allowed in part. b) An amount of Rs.25,000/- shall be deposited before the learned Magistrate by the petitioners along with an undertaking of the second petitioner that the first petitioner shall appear before the learned Magistrate on or before 12.1.2009. c) If such deposit is made on or before 25.11.2008, the learned Magistrate shall ensure that the property is not sold in auction on 26.11.2008. Crl.M.C.No. 4497 of 2008 3 d) On deposit of such amount, coercive processes shall not be issued or executed against the first petitioner till 12.1.2009. (R. BASANT) Judge tm