IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH FRIDAY, THE 1ST APRIL 2011 / 11TH CHAITHRA 1933 Crl.MC.No. 1073 of 2011() ------------------------------- CC.1592/2009 of JUDICIAL MAGISTRATE OF FIRST CLASS COURT-I, CHALAKUDY .................... PETITIONER/ACCUSED NO.1, 2. ------------------------------------- 1. DIALAN LOUIS, S/O.LOUIS, CHERUPUNATHIL HOUSE, P.O.KADUKUTTY, KALLOOR, VADAKKUMMURI VILLAGE. 2. JANCY LOUIS, W/O.DIALAN LOUIS, CHERUPUNATHIL HOUSE, P.O.KADUKUTTY, KALLOOR, VADAKKUMMURI VILLAGE. BY ADV. SRI.N.K.MOHANLAL RESPONDENT(S): COMPLAINANT NO.1 --------------------------------------------- 1. SUB INSPECTOR OF POLICE, CHALAKKUDY POLICE STATION. 2. STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,ERNAKULAM. BY PUBLIC PROSECUTOR SRI.K.J. MOHAMMED ANZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/04/2011, ALONG WITH CRMC. NO.1077/2011 CRMC. NO.1083/2011 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. Nos.1073, 1977 and 1083 of 2011 -------------------------------------- Dated this the 1st day of April, 2011. ORDER Petitioners, husband and wife are accused 1 and 2 in C.C.Nos.1592 of 2009, 186 of 2011 and 1208 of 2010 respectively, of the court of learned Judicial First Class Magistrate, Chalakkudy for offence punishable under Section 420 read with Section 34 of the Indian Penal Code. Allegation is that offering to arrange visa to CWs 1 to 3 in each of the cases petitioners collected money and documents and dishonestly misappropriated the amount without arranging visa or returning the documents. Petitioners appeared through counsel pursuant to the summons served on them, but, could not appear later. Thereon non- bailable warrant was issued to the petitioners. Learned counsel submits that first petitioner is physically handicapped to the extent of 60% as stated in Annexure- A1, certificate of the Medical Board and that he has physical difficulty in appearing in court. I have heard learned Public Prosecutor also. 2. Petitioners had approached this Court in Crl.M.C.No.2405 of 2009 and this Court by order dated July 23, 2009 refused to interfere in the matter observing that petitioners are not entitled to approach this Court in anticipation of the order to be passed by the learned Magistrate (under Section 205 of the Code of Criminal Procedure - for short, “the Code”) and that petitioners are at Crl.MC No.1073,1077 & 1083/2011 2 liberty to approach the learned Magistrate and if aggrieved, approach this Court for appropriate relief. That order was passed as early as on July 23, 2009. But petitioners have not approached the learned Magistrate. Grievance of the petitioners is that though petitioners filed Annexure-A3, application for exemption under Section 205 of the Code, learned Magistrate has not accepted the same. 3. True that as seen from Annexure-A1, certificate issued by the Medical Board first petitioner appears to have some physical disability. But it is not as if first petitioner is not able to move about, at all. Now there is a non- bailable warrant issued to the petitioners. They have to appear before the learned Magistrate, seek bail, re-call of warrant and then apply for permanent exemption under Section 205 of the Code. If any such request is made learned Magistrate shall consider all relevant circumstances and pass appropriate orders as early as possible. Resultantly these Criminal Miscellaneous Cases are disposed of in the following lines: i. Warrant of arrest issued to petitioners will stand in abeyance for one month from this day or till petitioners appear before the learned Magistrate whichever is earlier. Crl.MC No.1073,1077 & 1083/2011 3 ii. Learned Magistrate shall dispose of the applications for bail, re-call of warrant and permanent exemption under Section 205 of the Code if presented by petitioners as early as possible having regard to all the relevant circumstances of the case including the physical disability of first petitioner. THOMAS P.JOSEPH, Judge. cks