IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 Crl.MC.No. 12 of 2008() ----------------------- C.C. NO. 369 OF 2004 OF THE J.F.C.M. IV, KOZHIKODE PETITIONER: ACCUSED ------------------- ALAPPURAYIL BEERANKUTTY S/O. ABOOBAKCER, ALAPPURAYIL HOUSE KIZHAKKOTH AMSOM, AVILORA DESOM,KOZHIKODE. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT ------------------------ 1. SUB INSPECTOR OF POLICE CITY TRAFFIC, KOZHIKODE. 2. STATE REP. BY PUBLIC PROSECUTOR HIGH COURT OF KERALA ERNAKULAM. BY PUBLIC PROSECUTOR SRI. PUZHAKKARA MUHAMMED THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 02/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. * * * * * * * * * * * * * * * * * * Crl.M.C. No. 12 of 2008 * * * * * * * * * * * * * * * * * * Dated: 02-08-2008 ORDER In this petition filed under Section 482 Cr.P.C. the petitioner who is the accused in C.C. 369 of 2004 on the file of the J.F.C.M. IV, Kozhikode, for offences punishable under Sections 279 and 304 A I.P.C. seeks a direction to the Magistrate to permit him to be represented by his counsel for recording the statement under Sec, 313 Cr.P.C. and in all further proceedings in connection with the aforesaid case. 2. The petitioner admittedly has got exemption under Sec. 317 Cr.P.C. from by the Magistrate during trial of the case. He wants such exemption to be continued even during his examination under Sec. 313 Cr.P.C. and till the culmination of the proceedings. for the reason that he is presently employed in Dubai. 3. The learned Public Prosecutor in-charge of the case fairly conceded that the examination of the petitioner under Sec. 313 can be permitted to be conducted through counsel. 4. Accordingly, this M.C. is disposed of permitting the examination of the accused under Sec. 313 Cr.P.C. through the -:2:- counsel appearing for him. However, unless the Magistrate is inclined to exempt him from appearing before court in exercise of his power under Sec. 353 (6) Cr.P.C. the petitioner shall appear before Court at the time of pronouncing the judgment after final disposal of the case. V. RAMKUMAR, (JUDGE) ani.