IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3577 of 2008() ------------------------- CC.72/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER(S): ACCUSED 1 AND 5 --------------- 1. K.P.SAKHARIYYA, S/O. HASSAN, SAKHARIYYA MANZIL, P.O. KADIRUR, THALASSERY. 2. P.P.RAEES, S/O. MOIDU, SAKHARIYYA MANZIL, P.O. KADIRUR, THALASSERY. BY ADV. SRI.V.V.ASOKAN SRI.P.P.RAMACHANDRAN RESPONDENTS(S): ---------------- 1. SAFIYABANU, D/O. AHAMMEDKUTTY, KOTTOOR P.O., KADACHIRA, KANNUR DISTRICT. 2. STATE OF KERALA, (SHO, KADIRUR POLICE STATION), 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 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3577 of 2008 ---------------------------------------- Dated this the 24th day of September 2008 O R D E R The petitioners face indictment in a prosecution under Section 498A I.P.C. They were enlarged on bail at the crime stage, it is submitted. They are now employed abroad. They are not available in India. Cognizance has been taken. Summons was issued to the petitioners. The petitioners could not appear in person. The co-accused have already entered appearance. The petitioners now want to enter appearance through counsel and pray for exemption from appearance under Section 205 Cr.P.C. They want to claim discharge. Until a decision is taken on the question of framing charge, their personal presence may be exempted. Only if charges are liable to be framed, need the court below insist on their personal appearance. In these circumstances, appropriate directions may be issued, it is prayed. 2. I find merit in the request of the learned counsel for the petitioners. The petitioners can be permitted to enter Crl.M.C.No.3577/08 2 appearance through counsel and seek exemption under Section 205 Cr.P.C. I find no reason why their presence need be insisted till a decision is taken on the question of framing charge. 3. This petition is accordingly allowed in part. The petitioners are permitted to enter appearance through their counsel and seek exemption under Section 205 Cr.P.C. All coercive processes initiated against the petitioners shall be kept in abeyance till 06/10/2008, on or before which date, the petitioners can appear through counsel and seek exemption under Section 205 Cr.P.C. It is therefore directed that proceedings against the sureties of the petitioners shall also be kept in abeyance till a decision is taken on their application for exemption. Hand over copy of this order to the learned counsel for the petitioners. (R.BASANT, JUDGE) jsr Crl.M.C.No.3577/08 3 Crl.M.C.No.3577/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008