IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3346 of 2007()
1. KALLARAMKETTIL SATHYAN,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. S.I. OF POLICE, ELATHUR POLICE
3. SHYAMALA, D/O.KITAN,
For Petitioner :SRI.P.V.KUNHIKRISHNAN
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :02/11/2007
O R D E R
R.BASANT, J
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Crl.M.C.No.3346 of 2007
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Dated this the 2nd day of November, 2007
O R D E R
The petitioner faces indictment in a prosecution under Section
409 I.P.C. Cognizance has been taken on the basis of a final report
submitted by the police. The petitioner had come to this Court with a
prayer that the proceedings against him may be quashed invoking the
powers under Section 482 Cr.P.C. That petition was dismissed by
order dated 8.10.05. The petitioner was permitted to raise the plea of
discharge before the learned Magistrate.
2. The petitioner is now employed abroad. He is not able to
return India. He is willing to appear before the learned Magistrate
through counsel and seek discharge. But the petitioner complains that
the learned Magistrate is insisting on the personal appearance of the
petitioner before the plea of discharge is considered.
3. In the peculiar facts and circumstances of this case, I am
satisfied that a direction can be issued to the learned Magistrate to
permit the petitioner to advance his plea of discharge under Section
239 Cr.P.C through counsel. Personal presence of the petitioner need
not be insisted until the learned Magistrate comes to a conclusion that
Crl.M.C.No.3346 of 2007 2
the charges are liable to the framed. If charges are not liable to be
framed, of course, his personal presence need not be insisted.
This Crl.M.C is allowed to the above extent.
(R.BASANT, JUDGE)
rtr/-