IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2114 of 2010()
1. SABU SEBASTIAN, AGED 35, KALLEPLACKAL
... Petitioner
Vs
1. SREE GOKULAM CHIT AND FINANCE
... Respondent
2. STATE OF KERALA, REP. BY
For Petitioner :SRI.K.I.ABDUL RASHEED
For Respondent : No Appearance
The Hon'ble MR. Justice V.RAMKUMAR
Dated :18/06/2010
O R D E R
V.RAMKUMAR, J.
-------------------------------------
Crl.M.C.No.2114 of 2010
--------------------------------------
Dated this the 18th day of June, 2010
ORDER
Petitioner, who is the accused in S.T.No.99/08 on the file
of J.F.C.M Court-II, Thodupuzha, in a prosecution under
Section 138 of Negotiable Instrument Act, challenges
Annexure III order dated 31.5.2010 in CMP No.817/2010, as
per which his application under Section 205 Cr.P.C for
personal exemption was dismissed mainly for the reason that
the Counsel appearing for him does not hold a special
Vakkalath.
2. In case the petitioner files a fresh application for
personal exemption through his counsel, who is already
holding a Vakkalath of the petitioner, the learned Magistrate
shall permit him to be represented by his counsel during the
trial of the case including examination under Section 313
Cr.P.C and the presence of the petitioner shall not be insisted,
unless it is absolutely necessary to do so, either at the time of
pronouncing judgment or any time earlier. The fresh petition
to be filed hereafter shall be disposed of notwithstanding the
order dated 31.5.2010 in CMP No.817/2010 and
notwithstanding the pendency of non-bailable warrants
against him.
V.RAMKUMAR, JUDGE
dmb