IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 20TH NOVEMBER 2008 / 29TH KARTHIKA 1930 Crl.MC.No. 4474 of 2008() ------------------------- CC.537/2006 of THE COURT OF J.F.C.M (SPECIAL MAGISTRATE FOR TRIAL OF MARAD CASES) KOZHIKODE .................... PETITIONER(S): ACCUSED --------------- MOHAMMED HARRIS, S/O.K.HAMEED, AGED 40 YEARS, NAJMA HOUSE, P.O.EDAKKAD, KOZHIKODE-673 005. BY ADV. SRI.K.A.SALIL NARAYANAN RESPONDENT(S): --------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR , HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.GIKKU JACOB THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 20/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4474 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of November, 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable, inter alia, under Sections 324 and 448 r/w 34 I.P.C. The trial is almost complete. When the matter stood posted for defence evidence on 06.11.2008, the petitioner happened to be absent, though he was present earlier. The learned Magistrate thereupon has issued coercive processes to procure the presence of the petitioner. 2. According to the petitioner he is absolutely innocent. There was no willful failure/omission to appear before the learned Magistrate. He is willing to surrender before the learned Magistrate and apply to excuse his absence on the last date of posting. Coercive processes issued may not be executed against him before the next date of posting i.e. 6.12.2008. 3. I find merit in the submission of the learned counsel for the petitioner. I am in these circumstances satisfied that appropriate direction can be issued under Section 482 Cr.P.C. Crl.M.C.No. 4474 of 2008 2 4. This Crl.M.C. is accordingly allowed. The order passed by the learned Magistrate on 6.11.2008 and all further proceedings in pursuance thereto are set aside. The petitioner shall appear before the learned Magistrate on 6.12.2008 and make his submissions. Appropriate decision shall be taken by the learned Magistrate. 5. Hand over the order. (R. BASANT) Judge tm