IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 17TH OCTOBER 2008 / 25TH ASWINA 1930 Crl.MC.No. 3867 of 2008() ------------------------- LP.286/2003 of ADDL.CHIEF JUDICIAL MAGISTRATE, ERNAKULAM .................... PETITIONER(S): ACCUSED: ----------------------- SHAJI.P.S., S/O.SALIM, AGED 36 YEARS, PUTHEPLACKAL HOUSE, EDALEKUNNAM P.O., KANJIRAPPILLY, KOTTAYAM DISTRICT. BY ADV. SRI.S.RAJEEV RESPONDENT(S): STATE: --------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. PUBLIC PROSECUTOR SRI.S.U.NAZER THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J. ---------------------- Crl.M.C.No.3867 of 2008 ---------------------------------------- Dated this the 17th day of October 2008 O R D E R The petitioner faces indictment in a prosecution for offences punishable inter alia under Section 279 Cr.P.C. All offences alleged against him are bailable, it is submitted. Summons was issued to him at the first instance. Consequent to his non-appearance, a warrant of arrest has been issued. The petitioner has not entered appearance so far. Coercive processes have been issued against him and those processes are chasing the petitioner now. 2. The learned counsel for the petitioner submits that the petitioner has taken an informed decision to plead guilty to the charges levelled against him. The non-bailable warrant issued against him is pending. The petitioner appeared through counsel before the learned Magistrate and prayed that he may be permitted to plead guilty. The learned Magistrate is not inclined to consider the application of the petitioner to permit him to plead guilty through his counsel. It is submitted that no orders have been passed. It is submitted that application was filed; but it was not entertained by the learned Magistrate. Crl.M.C.No.3867/08 2 3. I am unable to swallow the submission that the petitioner filed an application before court and the learned Magistrate did not entertain the same. Sufficient specific directions have already been issued in Gopalakrishna Pillai v. District Superintendent of Police [2008(3) KLT 80] that such a course is impermissible for any court of law. Still, that submission is repeated before me. Be that as it may, I need only direct that the petitioner can now appear before the learned Magistrate through a counsel and request that he be permitted to plead guilty. The learned Magistrate must consider the said request on merits and pass appropriate orders. This court, relying on the decision of Hon'ble Justice Sri.Rajendra Babu in Noorjahan v. Moideen [2000(2) KLT 756] had held in Jain Babu v. Joseph [2008(4) KLT 16] that there is no impediment in an accused pleading guilty in a summons case through his counsel. If that be so, the only impediment can be that a warrant of arrest is pending. 4. A warrant of arrest like any other process issued by the court is only a direction/invitation to the person concerned to appear before court. He can appear certainly through counsel and then make a request that his personal presence be exempted Crl.M.C.No.3867/08 3 and he may be permitted to plead guilty through his counsel. If the request for pleading guilty through counsel in a summons case is otherwise acceptable, I fail to understand how the mere fact that the warrant of arrest has been issued earlier can operate as a legitimate reason not to entertain such application for exemption and for permission to plead guilty through counsel. To avoid any unnecessary further controversy, I do hereby direct that the warrant of arrest issued against the petitioner shall not be executed till 31/10/2008. In the meantime, it shall be open to the petitioner to appear through his counsel before the learned Magistrate and make a request that he be permitted to plead guilty through his counsel. Such application will have to be considered on merits and appropriate decision shall be taken by the learned Magistrate. 5. This Crl.M.C is accordingly allowed to the above extent. Hand over copy of this order to the learned counsel for the petitioner. (R.BASANT, JUDGE) jsr Crl.M.C.No.3867/08 4 Crl.M.C.No.3867/08 5 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008