IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 7TH NOVEMBER 2008 / 16TH KARTHIKA 1930 Crl.MC.No. 4231 of 2008() ------------------------- CC.764/2002 of JUDL. MAGISTRATE OF FIRST CLASS COURT-III, TRIVANDRUM .................... PETITIONER(S): ACCUSED: ------------------------------------------- KOMALAN NAIR, AGED 66 YEARS,VATTAVILA VEEDU, T.C.19/2306,NEAR VATTAVILA RATION SHOP, THIRUMALA VILLAGE. BY ADV. SRI.P.B.ASOKAN SRI.SHERRY J. THOMAS RESPONDENT(S): COMPLAINANT: ---------------------------------------------------- THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 07/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 4231 of 2008 ------------------------------------------------- Dated this the 7th day of November, 2008 ORDER The petitioner stood exempted from personal appearance in a prosecution for offences punishable, inter alia, under Sec.324 IPC. This Court had earlier issued directions in his favour as per the order dated 13/7/07 in Crl.M.C.No.2247/07. He was appearing before the learned Magistrate through his counsel. On 11/6/08 the case was posted for 313 examination. It is submitted that the petition filed to exempt the personal appearance of the petitioner for 313 examination had been filed and stood allowed. On 11/6/08 his counsel did not appear as there was an agitation/protest of the lawyers on that date. The petitioner's counsel was hence not present. A warrant of arrest has been issued against the petitioner. The petitioner has hence come to this Court now with a prayer to issue Crl.M.C. No. 4231 of 2008 -: 2 :- appropriate directions to safeguard his interest. 2. Having considered all the relevant circumstances, I am satisfied that appropriate directions under Sec.482 Cr.P.C. can be issued. 3. In the result: (a) This Crl.M.C. is allowed. (b) It is directed that the order dated 11/6/08 passed by the learned Magistrate shall stand set aside. (c) The petitioner can appear through counsel and shall be permitted to continue the proceedings from that point. 4. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No. 4231 of 2008 -: 3 :-