IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3234 of 2009()
1. BHUVANACHANDRAN, S/O. KESAVANKUTTY
... Petitioner
2. SOBHANA, D/O.RAJAMMA, T.C.23/7,
Vs
1. STATE OF KERALA, REP. BY THE
... Respondent
For Petitioner :SRI.M.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :08/10/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 3234 OF 2009
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Dated 8th October 2009
O R D E R
Petitioners are accused in C.C.177/2006 on
the file of Additional Chief Judicial Magistrate,
Thiruvananthapuram. This petition is filed under
Section 482 of Code of Criminal Procedure to direct
the Magistrate to grant exemption to the petitioners
from personal appearance and to pass orders in
Annexure-B petition filed under Section 205 of Code of
Criminal Procedure. Case of the petitioners is that
petitioners came to Kerala for the purpose of
appearing before the learned Magistrate and to get
bail and on 16/9/2009 they appeared and as their
leave was only for two weeks, they returned on
25/9/2009. Annexure-B petition was filed to dispense
with their presence and though petition for advance
the hearing was also filed, learned Magistrate did
not consider the same and returned the petition
without numbering.
2. Learned counsel appearing for the
CRMC 3234/09
2
petitioners and learned Public Prosecutor were heard.
3. The offence alleged against the
petitioners is under Sections 294(b), 341 and 323 read
with Section 34 of Indian Penal Code. I find no reason
for the learned Magistrate to insist for the personal
presence of the petitioners, to pass an order in a
petition filed under Section 205 of Code of Criminal
Procedure, when the accused were already released on
bail. The learned Magistrate will consider Ext.P1 in
the proper perspective and pass orders in accordance
with law.
Petition is disposed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.