High Court Kerala High Court

Surendran vs State Of Kerala on 21 December, 2009

Kerala High Court
Surendran vs State Of Kerala on 21 December, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.Rev.Pet.No. 3944 of 2009()


1. SURENDRAN, S/O. NARAYANAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.SUNIL JACOB JOSE

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.S.GOPINATHAN

 Dated :21/12/2009

 O R D E R
                     P.S.GOPINATHAN, J.
                    -------------------------------
                   Crl.R.P.No.3944 of 2009
                    --------------------------------
         Dated this the 21st day of December, 2009

                               ORDER

The revision petitioner is the first accused in C.C.No.771 of

2007 on the file of the Judicial Magistrate of the First Class-I,

Pathanamthitta. He is facing prosecution for offences under

Sections 341, 323 and 294(b) and read with Section 34 I.P.C.

He filed a petition seeking an order of exemption from personal

appearance under Section 205 of the Code of Criminal

Procedure. The learned magistrate by order dated 8/6/2009

dismissed the petition. Now this revision petition.

2. Having heard the learned counsel for the revision

petitioner and perusing the order impugned it appears that the

petition filed before the lower court was not with requisite

averments, to the effect that the revision petitioner would not

dispute his identity as the accused in that case and that there

would be a lawyer, who is authorised to give statements on his

behalf, representing him during the course of the trial and that

such statement given by the lawyer should not be disputed and

that he would not dispute the evidence taken in his absence etc.

In the above circumstance, I find that the learned magistrate

Crl.R.P.No.3944 of 2009
2

was correct in dismissing the petition. The revision petition is

devoid of merit. Accordingly it is dismissed with liberty to the

petitioner to apply afresh with requisite statements and

undertakings which shall be duly disposed by the magistrate

untrammeled by the observations in the order impugned. The

learned magistrate shall not insist his presence till such petition,

if any so filed is disposed.

P.S.GOPINATHAN, JUDGE

skj