IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 21ST OCTOBER 2008 / 29TH ASWINA 1930 Crl.MC.No. 3935 of 2008() ------------------------- CP.39/2008 of ADDL.CHIEF JUDICIAL MAGISTRATE COURT, THALASSERY .................... PETITIONER/ACCUSED NO.1: -------------------------------- CHERUVARI SHAMJITH, S/O.BHASKARAN, PACHAPOYIKA, PATHIRIYAD AMSOM, PARAMBAYI, KANNUR DISTRICT. BY ADV. SRI.GRASHIOUS KURIAKOSE RESPONDENT/COMPLAINANT: -------------------------------- STATE - S.H.O. EDAKKAD POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR, SRI. S.U. NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 21/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. ----------------------------------------------- Crl.M.C. No. 3935 OF 2008 ----------------------------------------------- Dated this the 21st day of October, 2008 O R D E R Petitioner who faces indictment in a prosecution for offences punishable, inter alia, under Sections 326 and 307 read with Section 149 IPC; who is employed abroad and was permitted to take back his passport and proceed to his place of employment abroad, under Annexure I order passed by this Court; has now been directed to appear before the Court on 24.10.08. According to the petitioner, he is unable to so appear before the learned Magistrate. In these circumstances, he has come before this Court with a prayer that his personal presence may not be insisted by the learned Magistrate in the committal proceedings. 2. I am afraid, considering the nature of allegations and the nature of the proceedings against the petitioner, the petitioner cannot be exempted in toto from appearing before the committal court. But I am satisfied that the learned Magistrate can be directed to consider the application of the petitioner for exemption from appearance till the last date on which the order of committal is to be passed. Till such date, the petitioner can be permitted to Crl.M.C. No. 3935 OF 2008 -:2:- be represented by his counsel. If the petitioner is unable to appear before the learned Magistrate immediately, the petitioner may through his counsel request the learned Magistrate to post the case to a specific date on which date he will be able to appear before the learned Magistrate. Considering the said request on merits, appropriate orders must be passed by the learned Magistrate. 3. With the above observations, this Crl.M.C is dismissed. R. BASANT, JUDGE ttb Crl.M.C. No. 3935 OF 2008 -:3:- Crl.M.C. No. 3935 OF 2008 -:4:-