High Court Kerala High Court

Mohanan vs Sathi on 16 December, 2009

Kerala High Court
Mohanan vs Sathi on 16 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 3888 of 2009()


1. MOHANAN, S/O.LATE MADHAVAN,
                      ...  Petitioner

                        Vs



1. SATHI, D/O.LAKSHMI,
                       ...       Respondent

2. STATE OF KERALA,

                For Petitioner  :SMT.T.D.RAJALAKSHMI

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR

 Dated :16/12/2009

 O R D E R
                    M.SASIDHARAN NAMBIAR, J.
                 ----------------------------------------
                       Crl.M.C.No.3888 of 2009
                 ----------------------------------------
             Dated this the 16th day of December, 2009


                                ORDER

Petitioner the accused in C.C.531/2006 filed Annexure-A3

petition under Section 205 of Code of Criminal Procedure seeking

exemption from appearance contending that petitioner has to go

abroad for employment. By Annexure-A4 order, learned

Magistrate dismissed the petition finding that petitioner who was

directed to pay maintenance at the rate of Rs.3,500/- per month

by Family Court did not pay that amount and in such

circumstances, petitioner is not entitled the discretionary relief.

Petition is filed under Section 482 of the Criminal Procedure Code

to quash Annexure-A4 order and to grant permanent exemption.

2. Learned counsel appearing for the petitioner was heard.

3. In Annexure-A2 petition, though petitioner sought

permanent exemption contain an undertaking that petitioner

would not question the pleading recorded on his behalf by his

counsel, did not undertake that evidence could be recorded in his

: 2 :

absence, treating presence of his counsel as his presence and

that he will not challenge the evidence so recorded either before

the said court or appellate court or revisional court. In such

circumstances, I find no reason to interfere with Annexure-A4

order as permanent exemption cannot be granted to the

petitioner.

The petitioner is facing trial for offences under Section

494, 109, 114 read with Section 34 IPC. As the case is pending

before the court for the last several years, Judicial First Class

Magistrate Court, Pattambi, is directed to dispose the case, as

expeditiously as possible, at any rate, within six months from the

date of receipt of a copy of this order.

M.S.SASIDHARAN NAMBIAR, JUDGE

cms