IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.BHAVADASAN THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 Crl.MC.No. 268 of 2010() ------------------------ AGAINST THE ORDER IN CRMP.1514/2009 IN ST.90/2008 of JUDL. MAGISTRATE OF FIRST CLASS COURT-II, THODUPUZHA .................... PETITIONER(S): REVN.PETITIONER/PETITIONER/ACCUSED ----------------------------------------------------------------------------------- PRASAD, S/O. NARAYANAN, AGED ABOUT 35, MAPPILAKUDIYIL HOUSE, 5TH MILE, MUKKUDAM P.O., ADIMALY. BY ADV. SRI.M.R.SARIN SRI.M.R.SASITH SRI.K.K.SUNIL KUMAR (IDUKKI) RESPONDENT(S)/RESPONDENTS/COMPLAINANT: --------------------------------------------------------------------- 1. SREE GOKULAM CHITS AND FINANCE (P)LTD. 356, AROOT ROAD, KODAMBAKKOM, CHENNAI-600 024, REPRESENTED BY THE POWER OF ATTORNEY HOLDER A.V.SANTHOSH, S/O. VIJAYABHANU, ASSISTANT MANAGER, (BUSINESS), THODUPUZHA. 2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI. S.U. NAZAR. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: P. BHAVADASAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C. No. 268 of 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of February, 2010. ORDER This is a petition filed under Section 482 of the Code of Criminal Procedure seeking to have Annexure A2 order quashed. 2. Petitioner is the accused in S.T.90 of 2008 on the file of the Judicial Magistrate of the First Class-II, Thodupuzha having committed offences punishable under Section 138 of the Negotiable Instruments Act. It is stated that trial started and the case stood posted for questioning the accused under Section 313 Cr.P.C. on 30.9.2009. Petitioner was on bail during the period of trial. On 30.9.2009 he did not appear and he, through his counsel, filed a petition for dispensing his personal appearance. That was rejected and warrant was issued. The case was posted to 30.10.2009. On that day, it appears that the petitioner caused to file a petition under Crl.M.C.268/2010. 2 Section 205 of Cr.P.C. seeking exemption from personal appearance. The court below observed that since Sections 82 and 83 steps have already been taken, unless the petitioner appears before the court below, the petition cannot be considered at all. Holding so, the petition was dismissed. The said order is assailed. 3. Learned counsel appearing for the petitioner points out that the petitioner was on bail earlier and had been complying with the terms of the bail bond. It was due to reasons beyond his control, that he could not appear on subsequent posting dates. He would submit that there was no wilful laches on his part and the act is not deliberate. He prayed that an opportunity may be given to him to surrender before the court below and seek bail. 4. Considering the offence alleged against the petitioner and the fact that he had already been on bail and also considering the readiness and willingness on the part of the petitioner to surrender before the court below, it is felt that some relief can be granted. Crl.M.C.268/2010. 3 In the result, the impugned order is quashed and the petitioner shall surrender before the court below on or before 20.2.2010 and move an application for regular bail, which the learned Magistrate will dispose of in accordance with law. Till then, proceedings under Sections 82 and 83 shall be kept in abeyance. P. BHAVADASAN, JUDGE sb.