IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 14TH OCTOBER 2010 / 22ND ASWINA 1932 Crl.MC.No. 4202 of 2010() ----------------------- CC.443/2008 of CHIEF JUDICIAL MAGISTRATE COURT, MANJERI ................... PETITIONER / ACCUSED : -----------------------------=----- SAKEER HUSSAIN, S/O.PALATHINGAL ABOOBACKER, ARAKKUPARAMBU AMSOM DESOM, PERINTALMANNA TALUK, MALAPPURAM DISTRICT. BY ADV. SRI. U.K. DEVIDAS RESPONDENT / STATE : -------------------------------- STATE OF KERALA, REPRESENTED BY THE C.B.C.I.D., MALAPPURAM THROUGH PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT. M.K. PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Mn M.SASIDHARAN NAMBIAR, J. ------------------------- Crl.M.C No.4202 of 2010 -------------------------- Dated this the 14th October, 2010 O R D E R Petitioner is the accused in C.C 443/2008 on the file of Chief Judicial Magistrate's Court, Manjeri taken cognizance for the offence under Sections. 465, 466, 468, 471 and 419 r/w Section 34 of Indian Penal Code and Section 121 (1) (b) 2 of Passport Act. 2. By Annexure-II order dated 9.2.2009, petition filed under Section Section 205 of Cr.P.C by the petitioner was allowed and his personal appearance was dispensed during trial on conditions. According to the petitioner, he has complied with the conditions by filing affidavit. On 15.3.2010 the case was posted for examination of CWs 1 to 3 to 20.5.2010. Annexure -VI copy of the proceedings shows that on that day CWs 1 to 3 were examined and Exts. P1 to P3 were marked and case was posted to 15.6.2010 for examination of CWs 4 to 8. Petitioner was directed to appear on that day. On 15.6.2010, CWs 4 to 8 were present. But as the DDP was absent the case was posted to 26.7.2010. Annexure-V application was filed by Crl.M.C No.4202 of 2010 2 the counsel appearing for the petitioner before Chief Judicial Magistrate's Court stating that the petitioner is working abroad and he was exempted from personally appearing before the court and he could get leave only after four months and sought four months time to produce the petitioner. The proceedings of 26.7.2010 shows that, that application was dismissed and non-bailable warrant was issued. Notice was issued to the sureties also. This petition is filed under Section 482 of Cr.P.C to direct the Magistrate, to conduct the case as petitioner was exempted under Section 205 of Cr.P.C. 3. Learned counsel appearing for the petitioner submitted that Annexure-VI proceedings does not show the reason for directing the petitioner to be present on 15.6.2010, after examination of CWs 1 to 3. Annexure-II order shows that petitioner need appear only if his identity was disputed. Learned counsel asserts that identity of the petitioner was not disputed when PWs 1 to 3 were examined. In such circumstances, direction to the petitioner to appear on 15.6.2010, and the subsequent Crl.M.C No.4202 of 2010 3 order to appear being unnecessary , petitioner is granted liberty to file an application through the counsel to recall the non-bailable warrant and to proceed the case in his absence after recording evidence in the presence of his counsel as provided under Annexure-II order. If such an application is filed, learned Magistrate to pass appropriate order, in accordance with law and unless presence of the petitioner is needed for the purpose of trial for any particular cause, it must be shown in the order. Petition is disposed of. M.SASIDHARAN NAMBIAR JUDGE ma