IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 3935 of 2008()
1. CREREVARI SHAMJITH
... Petitioner
Vs
1. STATE OF KERALA
... Respondent
For Petitioner :SRI.GRASHIOUS KURIAKOSE
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :21/10/2008
O R D E R
R. BASANT, J.
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Crl.M.C. No. 3935 OF 2008
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Dated this the 21st day of October, 2008
O R D E R
Petitioner who faces indictment in a prosecution for offences
punishable, inter alia, under Sections 326 and 307 read with
Section 149 IPC; who is employed abroad and was permitted to
take back his passport and proceed to his place of employment
abroad, under Annexure I order passed by this Court; has now
been directed to appear before the Court on 24.10.08. According
to the petitioner, he is unable to so appear before the learned
Magistrate. In these circumstances, he has come before this
Court with a prayer that his personal presence may not be insisted
by the learned Magistrate in the committal proceedings.
2. I am afraid, considering the nature of allegations and the
nature of the proceedings against the petitioner, the petitioner
cannot be exempted in toto from appearing before the committal
court. But I am satisfied that the learned Magistrate can be
directed to consider the application of the petitioner for exemption
from appearance till the last date on which the order of committal
is to be passed. Till such date, the petitioner can be permitted to
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be represented by his counsel. If the petitioner is unable to
appear before the learned Magistrate immediately, the petitioner
may through his counsel request the learned Magistrate to post
the case to a specific date on which date he will be able to appear
before the learned Magistrate. Considering the said request on
merits, appropriate orders must be passed by the learned
Magistrate.
3. With the above observations, this Crl.M.C is dismissed.
R. BASANT, JUDGE
ttb
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