IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.N.KRISHNAN FRIDAY, THE 13TH FEBRUARY 2009 / 24TH MAGHA 1930 Crl.MC.No. 661 of 2009() ------------------------------------- (C.C.NO.373/2007 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, NORTH PARUR) PETITIONER(S): ACCUSED NO.1: -------------------------------------------------- KOSY SAMUEL @ SAMKUTTY, AGED 88 YEARS, VILANILAM VEEDU, PARIS DESOM,ADOOR, PATHANAMTHITTA. BY ADV. MR.S.SUBHASH CHAND RESPONDENT(S): COMPLAINANT & STATE: ---------------------------------------------------------------- 1. SUB INSPECTOR OF POLICE, PUTHENVELIKARA POLICE STATION. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. R1 & R2 BY PUBLIC PROSECUTOR MR. P.A.SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 13/02/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.N.KRISHNAN, J ===================== CRL.M.C. No.661 OF 2009 ===================== Dated this the 13th day of February 2009 O R D E R This petition is filed for a direction to withdraw the non-bailable warrant issued against the petitioner in C.C.No.373 of 2007 of the Judicial I Class Magistrate Court, North Parur and to grant permanent personal exemption from appearing before the court below in view of the ailing physical and mental condition of the petitioner. 2. Heard the learned counsel for the petitioner as well as the Prosecutor. The petitioner herein is aged 88 years and is facing charges under Section 415,417 and 420 of the I.P.C. It is submitted that on account of the old age besides being a cardiac person he is under constant medical attention and on 14.11.2008 he had suffered fracture on the neck of the femur which had made him virtually immobile and there is no deliberate intention to evade presence before the Court. It is also submitted that he has been advised daily dressing of bed sores and absolute bed rest and therefore he prays for indulgence. Some documents are also produced to show the difficulties experienced by the petitioner. CRL MC 661/2009 -:2:- 3. Admittedly non-bailable warrant is pending against him. It is desirable that there can be a direction to consider his request for personal exemption by the court below. Therefore, I direct the petitioner herein to move an application for personal exemption before the court below through his counsel supported by an affidavit and medical evidence so as to convince the conscience of the court regarding the inability of the petitioner to move round. When such a petition is filed let it be considered on merits after hearing the other side as well and appropriate orders be passed. Till the disposal of such a petition, the implementation of the non-bailable warrant shall be kept in abeyance. Needless to say the application for exemption has to be filed within a period of 2 weeks from today. Crl.M.C. is disposed of accordingly. M.N.KRISHNAN, JUDGE Cdp/-