IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 25TH JANUARY 2011 / 5TH MAGHA 1932 Crl.MC.No. 205 of 2011() ------------------------ L.P.NO.41/2009 OF JUDICIAL FIRST CLASS MAGISTRATE, KOTTARAKKARA PETITIONER(S): ACCUSED ---------------------- SHAHID C.K., S/O.KUNJU MUHAMMED, AGED 42 YEARS, CHETTIPPARAMBIL HOUSE, DESHABIMANI ROAD, ELAMAKARA P.O., EDAPPALLY SOUTH VILLAGE, KANAYANNUR TALUK, ERNAKULAM DISTRICT. BY ADV. SRI.P.M.ZIRAJ RESPONDENT(S): COMPLAINANT -------------------------- STATE OF KERALA REP.BY PUBLIC PROSECUTOR HIGH COURT OF KERALA, ERNAKULAM-682031. BY PUBLC PROSECUTOR SHRI K.J.MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 25/01/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.205 of 2011 -------------------------------------- Dated this the 25th day of January, 2011. ORDER Petitioner is accused in L.P.No.41 of 2009 of the court of learned Judicial First Class Magistrate, Kottarakkara for offence punishable under Section 138 of the Negotiable Instruments Act (for short, “the Act”). Petitioner seeks a direction to the learned Magistrate to allow him appear through counsel, entertain application under Section 205 of the Code of Criminal Procedure and decide the application on merit on the same day itself without insisting for personal appearance of petitioner. 2. I have heard learned counsel for petitioner and the Public Prosecutor. 3. The Supreme Court in TGN Kumar v. State of Kerala and others (2011 (1) KHC 142) has held that there could be no general direction as to exemption from personal appearance and it is within the discretionary power of the Magistrate concerned to decide whether the application if Crl.M.C.No.205/2011 2 preferred has to be allowed. In the circumstances no direction as prayed for could be granted. It is open to the petitioner to approach learned Magistrate with appropriate application. With the above observation this petition is closed. THOMAS P.JOSEPH, Judge. cks