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.
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Crl.M.C.No.3577 of 2008
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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