IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 Crl.MC.No. 3581 of 2008() ------------------------- CC.163/2003 of JUDL. MAGISTRATE OF FIRST CLASS-V, KOZHIKODE .................... PETITIONER(S): ACCUSED ---------------------- WILLIAM XAVIER, S/O.C.R.XAVIER, KARUPPASSERRY HOUSE, KODUVAYOOR (VIA), ETHANOOR, PALAKKAD DISTRICT - 678 502. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENTS(S): RESPONDENT -------------------------- STATE OF KERALA - 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 24/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3581 of 2008 ---------------------------------------- Dated this the 24th day of September 2008 O R D E R The petitioner faces indictment in a prosecution under Section 138 of the Negotiable Instruments Act. For his omission to appear in person, a warrant of arrest has been issued by the court. He was ill and that is why he could not appear. The petitioner is now willing to appear. He apprehends that his application for regular bail may not be considered on merits, in accordance with law and expeditiously. 2. The petitioner can now appear through counsel and claim exemption under Section 205 Cr.P.C. His personal presence need not be insisted unless there be compelling reasons in this prosecution under Section 138 of the N.I.Act. General directions have already been issued in Crl.M.C.No.1977/2007 dated 04/09/2008. 3. In these circumstances, this petition is allowed in part. There shall be a direction that the coercive processes issued against the petitioner shall not be executed till 06/10/2008. On Crl.M.C.No.3581/2008 2 or before that date, the petitioner shall appear before the learned Magistrate through counsel and seek exemption from personal appearance under Section 205 Cr.P.C. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3581/2008 3 Crl.M.C.No.3581/2008 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008