High Court Kerala High Court

K.P.Sakhariyya vs Safiyabanu on 24 September, 2008

Kerala High Court
K.P.Sakhariyya vs Safiyabanu on 24 September, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3577 of 2008()


1. K.P.SAKHARIYYA, S/O. HASSAN, SAKHARIYYA
                      ...  Petitioner
2. P.P.RAEES, S/O. MOIDU,

                        Vs



1. SAFIYABANU, D/O. AHAMMEDKUTTY,
                       ...       Respondent

2. STATE OF KERALA, (SHO, KADIRUR POLICE

                For Petitioner  :SRI.V.V.ASOKAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :24/09/2008

 O R D E R
                           R.BASANT, J.
                        ----------------------
                     Crl.M.C.No.3577 of 2008
                    ----------------------------------------
            Dated this the 24th day of September 2008


                               O R D E R

The petitioners face indictment in a prosecution under

Section 498A I.P.C. They were enlarged on bail at the crime

stage, it is submitted. They are now employed abroad. They are

not available in India. Cognizance has been taken. Summons

was issued to the petitioners. The petitioners could not appear

in person. The co-accused have already entered appearance.

The petitioners now want to enter appearance through counsel

and pray for exemption from appearance under Section 205

Cr.P.C. They want to claim discharge. Until a decision is taken

on the question of framing charge, their personal presence may

be exempted. Only if charges are liable to be framed, need the

court below insist on their personal appearance. In these

circumstances, appropriate directions may be issued, it is

prayed.

2. I find merit in the request of the learned counsel for

the petitioners. The petitioners can be permitted to enter

Crl.M.C.No.3577/08 2

appearance through counsel and seek exemption under Section

205 Cr.P.C. I find no reason why their presence need be insisted

till a decision is taken on the question of framing charge.

3. This petition is accordingly allowed in part. The

petitioners are permitted to enter appearance through their

counsel and seek exemption under Section 205 Cr.P.C. All

coercive processes initiated against the petitioners shall be kept

in abeyance till 06/10/2008, on or before which date, the

petitioners can appear through counsel and seek exemption

under Section 205 Cr.P.C. It is therefore directed that

proceedings against the sureties of the petitioners shall also be

kept in abeyance till a decision is taken on their application for

exemption.

Hand over copy of this order to the learned counsel for the

petitioners.

(R.BASANT, JUDGE)
jsr

Crl.M.C.No.3577/08 3

Crl.M.C.No.3577/08 4

R.BASANT, J.

CRL.M.C.No. of 2008

ORDER

09/07/2008