T.P.Raghu Raman vs State Of Kerala on 18 October, 2007

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 3167 of 2007()


1. T.P.RAGHU RAMAN,
                      ...  Petitioner

                        Vs



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

                For Petitioner  :SRI.S.RAJEEV

                For Respondent  : No Appearance

The Hon'ble MR. Justice R.BASANT

 Dated :18/10/2007

 O R D E R
                                R.BASANT, J
                        ------------------------------------
                       Crl.M.C.No.3167 of 2007
                        -------------------------------------
              Dated this the 18th day of October, 2007

                                  O R D E R

The petitioner faces indictment in a prosecution under Section

138 of the Negotiable Instruments Act. Cognizance was taken as

early as in 2004. The petitioner was once enlarged on bail. Later

consequent to his non appearance before the learned Magistrate a

warrant of arrest has been issued against the petitioner.

2. The learned counsel for the petitioner submits that the

petitioner is absolutely innocent. His absence was not wilful or

deliberate, but was due to his being involved in a road traffic accident

with major injuries.

3. According to the learned counsel for the petitioner, the

petitioner is unable to move about and in these circumstances, the

petitioner cannot appear before the learned Magistrate.. The

petitioner is willing to appear before the learned Magistrate through

counsel to ensure expeditious disposal of the case. The petitioner may

be permitted to appear through counsel.

4. It is for the petitioner to appear before the learned

Magistrate and make an application for exemption from personal

Crl.M.C.No.3167 of 2007 2

appearance under Section 205 Cr.P.C. Personal presence of the

petitioner need not be insisted to consider such application for

exemption. Such application must be considered by the learned

Magistrate on merits and in accordance with law. The pendency of the

non bailable warrant against the petitioner or his non appearance on

the date of filing such application cannot be reckoned as sufficient

reason for not considering such application on merits.

5. This Crl.M.C is dismissed with the above observations. In

the peculiar facts and circumstances of the case, there shall be a

direction that the warrant of arrest issued against the petitioner shall

not be executed till 05.11.07, before which date, the petitioner must

appear through counsel and make necessary application u/s 205

Cr.P.C.

(R.BASANT, JUDGE)
rtr/-

Crl.M.C.No.3167 of 2007 3