IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 16TH JUNE 2008 / 26TH JYAISHTA 1930 Crl.MC.No. 1632 of 2008() ------------------------- CRIME NO.458/1999 OF CRIME BRANCH, KANNUR REPORTED IN CRIME NO.240/91 OF TALIPARAMBA POLICE STATION .................... PETITIONER: ACCUSED ------------ K.P.ABDUL RASHEED AGED 40 YEARS, S/O. ABOOTTY EZHAM MILE, KUTTIKODE, TALIPARAMBA BY ADV. SRI.C.KHALID SRI.N.GOPINATHA PANICKER SRI.R.O.MUHAMED SHEMEEM SRI.T.P.SAJID SMT.M.A.SULFIA RESPONDENTS: COMPLAINANT ------------- 1. DETECTIVE INSPECTOR KANNUR CRIME BRANCH 2. KANNUR CRIME BRANCH REP. BY PUBLIC PROSECUTOR BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 16/06/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.1632 of 2008 ------------------------------------- Dated this the 16th day of June, 2008 ORDER Petitioner is the 4th accused in a prosecution for offences punishable, inter alia, under Section 465 I.P.C. The alleged crime was registered in 1991. In 1993, final report/charge sheet was filed. Altogether there were 4 accused persons. Trial was conducted. The petitioner was not available for trial. Accused 1 to 3 stood trial. Accused No.2 was acquitted. Accused 1 and 3 were found guilty, convicted and sentenced. An appeal against the verdict of guilty, conviction and sentence imposed on Accused 1 to 3 is now pending, it is submitted. In the meantime, the petitioner had approached the learned Sessions Judge for anticipatory bail. He had produced two passports of his before the learned Magistrate. The learned Magistrate granted him anticipatory bail subject to conditions. The petitioner was accordingly arrested and enlarged on bail. The petitioner applied for return of the passports produced by him in the anticipatory bail application. That application was also allowed. The passports were returned to the petitioner. But there was a Crl.M.C. No.1632 of 2008 2 direction that the petitioner must produce the passports and report before the learned Magistrate on 18.06.08. By a later order passed on 17.01.08, the petitioner was permitted to leave for his place of employment abroad. 2. In terms of the orders, now the petitioner has to appear before the learned Magistrate on 18.06.08. The matter stands posted for trial to 18.06.08. According to the petitioner, he is unable to appear now, but he undertakes that he shall appear before the learned Magistrate within a period of one month from 18.06.08, if his presence is required by the learned Magistrate. He had taken back his passports. He had gone to his place of his employment abroad. He had deposited his passports with his employer. The employer will not return to him the passports now and he now wants one month's further time to secure the passports and produce the same before the learned Magistrate and appear before the learned Magistrate. It is in these circumstances that the present prayer is made for grant of one month's further time. 3. According to the learned counsel for the petitioner, even if the petitioner appears and the passports are surrendered, trial cannot commence on 18.06.08 in as much as all the records Crl.M.C. No.1632 of 2008 3 are not available before the learned Magistrate and are available before the learned Sessions Judge in connection with the appeal preferred by accused 1 and 3. In these circumstances, personal appearance of the petitioner may not be insisted on 18.06.08. He may be granted reasonable further time to produce the passports. The learned counsel for the petitioner at the Bar submits that even if trial were to commence on 18.06.08, the petitioner shall ensure that he is represented by a counsel. His personal presence for trial may not be insisted if the learned counsel for the petitioner is otherwise able to proceed with the trial, it is prayed. Having considered all the relevant circumstances, I find merit in the request of the learned counsel for the petitioner. I need only mention that if the trial cannot commence on 18.06.08 or if personal presence of the petitioner is not necessary for trial on 18.06.08, coercive steps need not be taken against the petitioner for his inability to appear and produce his passports on 18.06.08. I am satisfied that I can safely leave it to the learned Magistrate to pass appropriate orders when the petitioner through his counsel makes such a request on 18.06.08. 4. With the above observations this Crl.M.C is allowed in part observing that the petitioner must appear before the learned Crl.M.C. No.1632 of 2008 4 Magistrate through counsel on 18.06.08 and make appropriate applications. The learned Magistrate must pass appropriate orders on such application. 5. Hand over a copy of this order to the learned counsel for the petitioner for immediate production before the learned Magistrate. (R.BASANT, JUDGE) rtr/-