IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 Crl.MC.No. 139 of 2009(B) ------------------------------------ (ORDERS DTD. 31/10/2008 IN C.C. NO. 331/2008 AND IN C.M.P. NO. 4718/2008 IN C.C. NO. 331/2008 OF JFMC.NO.1, KANNUR) ............... PETITIONER/ ACCUSED: ----------------------------------- P.V.PRAMOD, S/O.JANARDHANAN, AGED 38 YEARS, MAVILA HOUSE, CHIRAKKAL R.S., KANNUR DISTRICT. BY ADV. SRI.P.K.RAVISANKAR. RESPONDENT/ STATE: --------------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R. BASANT, J. ------------------------------------------------- Crl.M.C. No. 139 of 2009 ------------------------------------------------- Dated this the 27th day of January, 2009 ORDER The petitioner is the sole accused now who faces indictment in C.C.No.331/08. The petitioner was employed abroad. He had surrendered and was enlarged on bail. The petitioner had prayed that his 313 examination may be completed as he has to return to his place of employment. But that request was not accepted as the questions were not ready. It was observed by the learned Magistrate that 313 questioning can be conducted through the concerned counsel. But on the next date of posting, when such request is made, the request was not accepted. Coercive processes were issued against the petitioner. 2. According to the petitioner, he is absolutely innocent. He is employed abroad. It is impossible for him to now come Crl.M.C. No. 139 of 2009 -: 2 :- immediately to face questioning under Sec.313 Cr.P.C. He had made it clear on the previous date of posting to the learned Magistrate and the learned Magistrate had observed that the petitioner can be got examined under Sec.313 Cr.P.C. through his counsel. 3. According to the petitioner, he shall file an application to exempt him from personal appearance for 313 and to get him examined through his counsel in accordance with law before the next date of posting. The counsel was only waiting to receive such application signed by the petitioner from his place of employment abroad. It has already been received, it is submitted. 4. A report of the learned Magistrate shows that coercive processes had to be issued as the request/application to conduct 313 examination through his counsel was not filed before the learned Magistrate at the relevant time. 5. I accept the submission of the learned counsel for the petitioner that such application shall be filed before the next date of posting. If filed, the learned Magistrate shall consider the same and pass appropriate orders. There shall be a direction that the coercive processes issued against the petitioner shall not be executed till the next date of posting. Crl.M.C. No. 139 of 2009 -: 3 :- 6. This Crl.M.C. is accordingly allowed to the above extent and the above directions are issued. 7. Hand over a copy of this order to the learned counsel for the petitioner. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge