IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 24TH JANUARY 2011 / 4TH MAGHA 1932 Crl.MC.No. 147 of 2011() ------------------------ C.M.P.NO.813/2010 IN CC.1577/2009 of JUDL.MAGISTRATE OF FIRST CLASS-I, ALUVA .................... PETITIONER(S): --------------- REJI KURUVILA, KOIPPURATHU HOUSE, MUNDACKAL EAST, KOLLAM. BY ADV. SRI.V.VENUGOPALAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. K.C.THOMAS, S/O.CHACKO, PROPRIETOR CHAVARA PIPE INDUSTRIES, MUPPATHADOM P.O., ALUVA, ERNAKULAM-695032. PUBLIC PROSECUTOR SHRI K.J.MOHAMMED ANZAR FOR R1 THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 24/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.147 of 2011 -------------------------------------- Dated this the 24th day of January, 2011. ORDER Annexure-A2, order dated July 3, 2010 on C.M.P.No.813 of 2010 in C.C.No.1577 of 2009 of the court of learned Judicial First Class Magistrate-I, Aluva is under challenge. Petitioner is involved in C.C.No.1577 of 2009 for offence punishable under Section 138 of the Negotiable Instruments Act. It appears that petitioner was granted permanent exemption but, the counsel did not appear on the relevant day. Thereon bail was cancelled and non-bailable warrant was issued to the petitioner. Petitioner filed C.M.P.No.813 of 2010 for permanent exemption under Section 205 of the Code of Criminal Procedure. Though learned Magistrate permitted petitioner to continue on bail as his counsel filed affidavit stating that due to his mistake he failed to appear in court. But the request for permanent exemption was disallowed as per Annexure-A2, order for the reason that since the proceedings are at the fag end, there is no need to grant permanent exemption. 2. It is not disputed that the case is posted for defence evidence. If that be so, at this stage there is no reason to interfere with the discretionary jurisdiction exercised by learned Magistrate not to grant permanent exemption. But that order need not stand in the way of petitioner making request for exemption on any particular day if he has appropriate reason to make such a Crl.M.C.No.147 of 2011 2 request. If any such request is made, learned Judicial First Class Magistrate-I, Aluva shall consider such request in view of the facts and circumstances of the case. With the above observation this petition is closed. THOMAS P.JOSEPH, Judge. cks