IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 6TH SEPTEMBER 2010 / 15TH BHADRA 1932 Crl.MC.No. 2828 of 2010() -------------------------------- ST.287/2006 of JUDL. MAGISTRATE OF FIRST CLASS - III, KOLLAM .................... PETITIONER(S): ACCUSED -------------------------------------- THOMAS JOHN MUTHOOT, MUTHOOT HOUSE, KOZHENCHERRY. BY ADV. SRI.C.M.STEPHEN RESPONDENT(S): COMPLAINANTS ----------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. ASSISTANT LABOUR OFFICER, PUNALUR. PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 06/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. --------------------------------------------- CRL.M.C.NO.2828 OF 2010 --------------------------------------------- Dated 6th September, 2010 O R D E R Petitioner, the accused in S.T.287/2006 on the file of Judicial First Class Magistrate's court-III, Punalur filed this petition under Section 482 of Code of Criminal Procedure to direct the Magistrate not to insist for the physical presence of the petitioner contending that he has filed an application under Section 205 of Code of Criminal Procedure to dispense with his presence and also another application for permission to answer the questions under Section 313 of Code of Criminal Procedure through the counsel. A report was called for from the learned Magistrate. Learned Magistrate has reported that when CRMC 2828/10 2 non bailable warrant was issued, petitioner filed a petition under Section 205 of Code of Criminal Procedure for exemption from personal appearance and also to recall non bailable warrant and though the non bailable warrant was recalled no order was passed granting exemption under Section 205 of Code of Criminal Procedure and Crl.M.P.4162/2009 was preferred by the petitioner to record the answers under Section 313 examination through the counsel and learned Magistrate has no objection for allowing the application under Sub Section 5 of Section 313 of Code of Criminal Procedure. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. In view of the report submitted by the learned Magistrate petition is disposed CRMC 2828/10 3 directing the learned Magistrate to grant permission under Section 205 of Code of Criminal Procedure as well as to permit the petitioner to answer questions put to him under Section 313 of Code of Criminal Procedure through the counsel. M.SASIDHARAN NAMBIAR, JUDGE. uj.