IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 13TH JANUARY 2009 / 23RD POUSHA 1930 Crl.MC.No. 594 of 2006() ------------------------ CC.853/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ERNAKULAM .................... PETITIONER(S): IST ACCUSED -------------------------- SULFIKKAR.H., S/O. HUSSAINKUNJU, SULFI MANZIL, POWER HOUSE WARD, ARYAD SOUTH VILLAGE, ALAPPUZHA. BY ADV. SRI.B.PRAMOD SRI.GEORGE MATHEWS RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SUB INSPECTOR OF POLICE, CENTRAL POLICE STATION, ERNAKULAM, THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 594 of 2006 ------------------------------------------------- Dated this the 13th day of January, 2009 ORDER The petitioner as the 1st accused faces indictment in a prosecution for offences punishable under Secs.269 and 336 IPC. The crux of the allegations is that accused 1 and 2 as Manager and cook respectively in a hotel committed offences under Secs.269 and 336 IPC by their culpable conduct of serving noxious substance at the hotel in which they were employed. Cognizance has been taken on the basis of a final report submitted by the police after due investigation. The petitioner had entered appearance and was enlarged on bail. Subsequently, as he secured employment abroad, he had not been able to appear before the learned Magistrate. Coercive processes have been issued against the petitioner. 2. According to the petitioner, he is absolutely innocent. Crl.M.C. No. 594 of 2006 -: 2 :- He is entitled to get the proceedings against him stopped under Sec.258 Cr.P.C. The 2nd accused is absconding and the case is dragging on. The learned counsel for the petitioner only submits that there may be a direction that the coercive processes issued against the petitioner shall not be executed until further orders and the petitioner shall be permitted to appear through counsel and claim stoppage of proceedings under Sec.258 Cr.P.C. 3. In the facts and circumstances of this case, I find the said request to be justified and I am satisfied that appropriate directions can be issued. 4. In the result: (a) This Crl.M.C. is allowed in part. (b) Coercive processes issued against the petitioner shall not be executed till 31/1/09. On or before that date, the petitioner shall appear before the learned Magistrate through his counsel. The petitioner's prayer for dropping the proceedings under Sec.258 Cr.P.C. shall be considered by the learned Magistrate on merits and appropriate orders shall be passed without insisting on the personal presence of the Crl.M.C. No. 594 of 2006 -: 3 :- petitioner. Till a decision is taken under Sec.258 Cr.P.C., coercive steps issued against the petitioner shall not be executed, if he appears through counsel. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge