IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 1632 of 2008()
1. K.P.ABDUL RASHEED
... Petitioner
Vs
1. DETECTIVE INSPECTOR
... Respondent
2. KANNUR CRIME BRANCH
For Petitioner :SRI.C.KHALID
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice R.BASANT
Dated :16/06/2008
O R D E R
R.BASANT, J
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Crl.M.C. No.1632 of 2008
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Dated this the 16th day of June, 2008
ORDER
Petitioner is the 4th accused in a prosecution for offences
punishable, inter alia, under Section 465 I.P.C. The alleged crime
was registered in 1991. In 1993, final report/charge sheet was
filed. Altogether there were 4 accused persons. Trial was
conducted. The petitioner was not available for trial. Accused 1
to 3 stood trial. Accused No.2 was acquitted. Accused 1 and 3
were found guilty, convicted and sentenced. An appeal against
the verdict of guilty, conviction and sentence imposed on Accused
1 to 3 is now pending, it is submitted. In the meantime, the
petitioner had approached the learned Sessions Judge for
anticipatory bail. He had produced two passports of his before
the learned Magistrate. The learned Magistrate granted him
anticipatory bail subject to conditions. The petitioner was
accordingly arrested and enlarged on bail. The petitioner applied
for return of the passports produced by him in the anticipatory
bail application. That application was also allowed. The
passports were returned to the petitioner. But there was a
Crl.M.C. No.1632 of 2008 2
direction that the petitioner must produce the passports and
report before the learned Magistrate on 18.06.08. By a later
order passed on 17.01.08, the petitioner was permitted to leave
for his place of employment abroad.
2. In terms of the orders, now the petitioner has to
appear before the learned Magistrate on 18.06.08. The matter
stands posted for trial to 18.06.08. According to the petitioner, he
is unable to appear now, but he undertakes that he shall appear
before the learned Magistrate within a period of one month from
18.06.08, if his presence is required by the learned Magistrate.
He had taken back his passports. He had gone to his place of his
employment abroad. He had deposited his passports with his
employer. The employer will not return to him the passports now
and he now wants one month’s further time to secure the
passports and produce the same before the learned Magistrate
and appear before the learned Magistrate. It is in these
circumstances that the present prayer is made for grant of one
month’s further time.
3. According to the learned counsel for the petitioner,
even if the petitioner appears and the passports are surrendered,
trial cannot commence on 18.06.08 in as much as all the records
Crl.M.C. No.1632 of 2008 3
are not available before the learned Magistrate and are available
before the learned Sessions Judge in connection with the appeal
preferred by accused 1 and 3. In these circumstances, personal
appearance of the petitioner may not be insisted on 18.06.08. He
may be granted reasonable further time to produce the passports.
The learned counsel for the petitioner at the Bar submits that
even if trial were to commence on 18.06.08, the petitioner shall
ensure that he is represented by a counsel. His personal
presence for trial may not be insisted if the learned counsel for
the petitioner is otherwise able to proceed with the trial, it is
prayed. Having considered all the relevant circumstances, I find
merit in the request of the learned counsel for the petitioner. I
need only mention that if the trial cannot commence on 18.06.08
or if personal presence of the petitioner is not necessary for trial
on 18.06.08, coercive steps need not be taken against the
petitioner for his inability to appear and produce his passports on
18.06.08. I am satisfied that I can safely leave it to the learned
Magistrate to pass appropriate orders when the petitioner through
his counsel makes such a request on 18.06.08.
4. With the above observations this Crl.M.C is allowed in
part observing that the petitioner must appear before the learned
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Magistrate through counsel on 18.06.08 and make appropriate
applications. The learned Magistrate must pass appropriate
orders on such application.
5. Hand over a copy of this order to the learned counsel
for the petitioner for immediate production before the learned
Magistrate.
(R.BASANT, JUDGE)
rtr/-