IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 26TH JUNE 2008 / 5TH ASHADHA 1930 Crl.MC.No. 2401 of 2008() ------------------------- CC.360/2007 of JUDL.MAGISTRATE OF FIRST CLASS COURT, ADOOR .................... PETITIONER: ACCUSED ------------------- VISWANATHAN.C.M, MURALI SADANAM, MUDIYOORKONAM .P.O, PANDALAM, PATHANAMTHITTA DIST. BY ADV. SRI.SALIM V.S. RESPONDENTS: COMPLAINANT ------------------------ 1. S.I.OF POLICE, PANDALAM. 2. STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.JAI GEORGE THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/06/2008 ALONG WITH CRLM.C.NO.2405 OF 2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. Nos.2401 & 2405 of 2008 ------------------------------------- Dated this the 26th day of June, 2008 ORDER Petitioner faces indictment in two separate prosecutions, both under the provisions of the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001. The offences alleged are summons offences. The petitioner, the counsel submits, is only the registered owner of the vehicle which was allegedly involved in violation of the provisions of the said Act. The petitioner has not received summons so far. The petitioner had attended an on line interview and expects that he will have to leave for his place of employment abroad if he secures employment. He has already been selected, it is submitted. The petitioner wants to co-operate with the court. He wants to appear and seek exemption from his personal appearance. He has not received summons so far. The petitioner is willing to appear before the learned Magistrate and seek regular bail. He also wants application to be filed to exempt from his personal appearance. The petitioner, without and before appearing before the learned Magistrate, has rushed to this Court with these applications for issue of directions under Section 482 Cr.P.C. Crl.M.C. No.2401 & 2405 of 2008 2 2. It is for the petitioner now to appear before the learned Magistrate. If he perceives the need, he can certainly appear before the learned Magistrate and file an application to advance the hearing of the cases and to enlarge him on regular bail. Such applications must certainly be considered by the learned Magistrate and appropriate action taken. Offences are bailable and the petitioner is certainly entitled to be released on bail. 3. The petitioner wants him to be exempted from his personal appearance under Sect 205 Cr.P.C. That request also appears to me to be absolutely reasonable and legitimate. That the petitioner wants to co-operate with the law is evident from the fact that even before he has been served summons, he has come to this court with these requests. The petitioner need not have come before this Court. He should have gone to the learned Magistrate and applied for advancement of hearing, release on bail and exemption from personal appearance. In his anxiety, the petitioner appears to have come to this Court. I need only observe that the petitioner must appear before the learned Magistrate and the learned Magistrate must consider his application for advancement of his cases, his application for bail and application for exemption from personal appearance on Crl.M.C. No.2401 & 2405 of 2008 3 merits, in accordance with law and expeditiously - on the date of surrender itself. 4. These Crl.M.Cs are, in these circumstances, dismissed, but with the above observations. Hand over a copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) rtr/-