A.V.Gopalan vs State Of Kerala on 21 May, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 1699 of 2008()


1. A.V.GOPALAN, AGED 70 YEARS
                      ...  Petitioner

                        Vs



1. STATE OF KERALA
                       ...       Respondent

2. A.A.KRISHMAMURTHY, AGED 46 YEARS

                For Petitioner  :SRI.BINOY VASUDEVAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice R.BASANT

 Dated :21/05/2008

 O R D E R
                           R. BASANT, J.
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                  Crl.M.C.No. 1699 of 2008
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              Dated this the 21st day of May, 2008

                              O R D E R

The petitioner is the second accused in a prosecution under

Section 420 I.P.C. Allegations and counter allegations are raised

all under Section 420 I.P.C. between the parties. Cognizance has

been taken against the petitioner in a private complaint filed by

the complainant/second respondent herein. The petitioner has

not entered appearance before the learned Magistrate. He finds

warrant of arrest and coercive processes issued by the learned

Magistrate chasing him.

2. According to the petitioner he is innocent. He resides

permanently at Mumbai. He is aged 70 years. The proceedings

against him are false and vexatious. The transparent intention is

to maliciously vex and harass the petitioner. He is willing to

appear before the learned Magistrate through counsel.

Crl.M.C.No. 1699 of 2008
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3. After discussions at the Bar, the learned counsel prays that the

petitioner may be permitted to appear through counsel and claim

discharge under Section 245(2) Cr.P.C.

4. The second respondent has entered appearance. After

considering all the relevant inputs, I am satisfied that an appropriate

direction can be issued under Section 482 Cr.P.C. in this case.

5. This Crl.M.C. is allowed in part. There shall be a direction to

the learned Magistrate to permit the petitioner to appear through

counsel and advance his plea for discharge under Section 245(2)

Cr.P.C. The learned Magistrate shall pass appropriate orders. Till a

decision is taken and order passed under section 245(2) Cr,.P.C. The

learned Magistrate shall not insist on the personal appearance of the

petitioner. Till a decision is taken under Section 245(2) Cr.P.C. there

shall be a further direction that no coercive processes shall be executed

against the petitioner.

(R. BASANT)
Judge
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Crl.M.C.No. 1699 of 2008
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