IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3767 of 2008()
1. T.K.VIJAYARAJAN @ VIJAYARAJARSHI & ANR.
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.M.T.SURESHKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :13/10/2008
O R D E R
R. BASANT, J.
-------------------------------------------------
Crl.M.C. No. 3767 of 2008
-------------------------------------------------
Dated this the 13th day of October, 2008
ORDER
The petitioners, along with three others, face indictment
in a prosecution for offences punishable, inter alia, under
Sec.420 read with Sec.34 IPC. The crux of the allegations
against them is that they, in furtherance of their common
intention, had defrauded the victims and had induced them to
part with an amount of Rs.1,56,000/.
2. According to the petitioners, they are absolutely
innocent. They are arrayed as accused 3 and 4. Final report
has already been filed. Cognizance has been taken. One of
the petitioners had earlier come before this Court with
Crl.M.C. No.1896/08 to quash the proceedings and the said
Crl.M.C. was dismissed with the observation that the petitioner
can move the learned Magistrate for discharge/acquittal.
Crl.M.C. No. 3767 of 2008 -: 2 :-
3. The petitioners have not been able to appear before the
learned Magistrate so far though the said order was passed as
early as on 22/5/08. The petitioners are the father and son duo.
It is submitted that the father is seriously ill and the son’s
presence is necessary by his side to attend on him. They are
now at Kanyakumari, it is submitted.
4. The learned counsel for the petitioners submits that the
petitioners shall show their bona fides by remitting a total of
25% of the amount involved – Rs.39,000/- each. They may be
permitted to appear through counsel and advance their plea for
discharge. They may be exempted from personal appearance
subject to condition that each of them deposits an amount of
Rs.39,000/-. If and only if the court finds that charges are liable
to be framed against them need their personal presence be
insisted. Till then, they may be permitted to appear through
counsel, prays the learned counsel for the petitioners.
5. I have considered the submissions made. I have perused
the copy of the final report that is placed before me. In the
peculiar facts and circumstances of this case, I am satisfied that
the prayer of the petitioner is bona fide and relief can be
granted to them subject to appropriate safeguards.
6. In the result, this Crl.M.C. is allowed. Following
Crl.M.C. No. 3767 of 2008 -: 3 :-
directions are issued:
(i) If the petitioners deposit an amount of Rs.39,000/- each
within a period of 15 days from this date before the learned
Magistrate and pray for exemption from personal appearance,
that request shall be accepted by the learned Magistrate and the
petitioners shall be permitted to advance their plea for discharge
through their counsel. Their personal presence shall not be
insisted until a decision is taken under Sec.239/240 Cr.P.C. Only
if charges are found to be liable to be framed against them, need
their personal presence be insisted by the learned Magistrate
thereafter.
Sd/-
(R. BASANT, JUDGE)
Nan/
//true copy//
P.S. to Judge
Crl.M.C. No. 3767 of 2008 -: 4 :-