IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 8TH OCTOBER 2009 / 16TH ASWINA 1931 Crl.MC.No. 3234 of 2009() ------------------------- CC.177/2006 of ADDL. CHIEF JUDICIAL MAGISTRATE COURT, TRIVANDRUM .................... PETITIONER(S): ACCUSED 1 & 4 ---------------------------- 1. BHUVANACHANDRAN, S/O. KESAVANKUTTY T.C.23/7, SRIPURAM BUNGALOW, POOJAPPURA, THIRUVANANTHAPURAM. 2. SOBHANA, D/O.RAJAMMA, T.C.23/7, SRIPURAM BUNGLOW, POOJAPPURA, THIRUVANANTHAPURAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08/10/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ------------------------------------------ CRL.M.C.NO. 3234 OF 2009 ------------------------------------------ Dated 8th October 2009 O R D E R Petitioners are accused in C.C.177/2006 on the file of Additional Chief Judicial Magistrate, Thiruvananthapuram. This petition is filed under Section 482 of Code of Criminal Procedure to direct the Magistrate to grant exemption to the petitioners from personal appearance and to pass orders in Annexure-B petition filed under Section 205 of Code of Criminal Procedure. Case of the petitioners is that petitioners came to Kerala for the purpose of appearing before the learned Magistrate and to get bail and on 16/9/2009 they appeared and as their leave was only for two weeks, they returned on 25/9/2009. Annexure-B petition was filed to dispense with their presence and though petition for advance the hearing was also filed, learned Magistrate did not consider the same and returned the petition without numbering. 2. Learned counsel appearing for the CRMC 3234/09 2 petitioners and learned Public Prosecutor were heard. 3. The offence alleged against the petitioners is under Sections 294(b), 341 and 323 read with Section 34 of Indian Penal Code. I find no reason for the learned Magistrate to insist for the personal presence of the petitioners, to pass an order in a petition filed under Section 205 of Code of Criminal Procedure, when the accused were already released on bail. The learned Magistrate will consider Ext.P1 in the proper perspective and pass orders in accordance with law. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.