IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 Crl.MC.No. 3728 of 2008() ----------------------------------- CC.459/2007 OF JUDL.MAGISTRATE OF FIRST CLASS, AMABALAPUZHA .................... PETITIONER/ACCUSED: --------------------------------- K.MURALEEDHARAN AGED 56 YEARS, PULIMOOTTIL,MEZHUVELI P.O. PATHANAMTHITTA DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT/COMPLAINANT: ------------------------------------------- 1. G.MURALEEDHARAN, S/O. GOPALAN, KRISHNAPRIYA, KAKKAZHAM, AMBALAPPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. PUBLIC PROSECUTOR SRI.AMJAD ALI THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ R.BASANT, J. ---------------------- Crl.M.C.No.3728 of 2008 ---------------------------------------- Dated this the 6th day of October 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. He had entered appearance and was enlarged on bail. On 23/9/2008, the matter stood posted for recording evidence, it is submitted. On that day, the petitioner's counsel was present. He was willing to represent the petitioner and go on with the cross-examination. But the application filed by him to excuse the absence of the petitioner and to permit him to conduct the case was rejected by the learned Magistrate and non-bailable warrant of arrest has been issued against the petitioner directing him to appear on 16/10/2008, it is submitted. 2. The learned counsel for the petitioner submits that the petitioner is willing to appear through counsel and go on with the cross-examination. He wants certain questions to be put to the complainant without the accused in the dock. That would help him to substantiate his contentions that the complainant has no acquaintance with the petitioner whatsoever. The issue of the warrant would oblige the petitioner to appear Crl.M.C.No.3728/08 2 personally on 16/10/2008 and that would take away the effect of the cross-examination which is proposed to be conducted. In these circumstances, the counsel makes just one short request. He prays that the issue of the warrant of arrest may be set aside and the petitioner may be permitted to appear through counsel on 16/10/2008 and cross-examine the complainant. 3. I find the said request to be reasonable. I have already issued general directions in Jain Babu v. Joseph [2008 (4) KLT 16]. I am satisfied that the prayer in this Crl.M.C can be allowed. The learned Magistrate shall follow the directions in Jain Babu (Supra). 4. In the result, this petition is allowed. Order dated 23/9/2008 including the order of cancellation of bail granted to the petitioner is hereby set aside. The petitioner shall appear through counsel and apply for exemption under Section 205 Cr.P.C. The learned Magistrate shall consider the same in the light of the decision in Jain Babu (Supra) and pass appropriate orders. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3728/08 3 Crl.M.C.No.3728/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008