IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 315 of 2011()
1. THANKAPPAN, S/O.KUNJAN,
... Petitioner
Vs
1. THE STATE OF KERALA, (SUB INSPECTOR OF
... Respondent
2. BENNY @ VARGHESE, MEKKATTPARAMBIL
For Petitioner :SRI.P.F.FRANCIS
For Respondent : No Appearance
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :09/02/2011
O R D E R
THOMAS P.JOSEPH, J.
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Crl. M.C. No.315 of 2011
====================================
Dated this the 09th day of February, 2011
O R D E R
Petitioner is accused in C.C. No.1546 of 2007 of the court of
learned Judicial First Class Magistrate, Aluva arising from the final
report filed on 30.12.2006 in Crime No.286 of 2004 (wrongly
stated as 286/1984) of Thrikkakara police station for offences
punishable under Sections 465, 466 and 471 of the Indian Penal
Code. It is prayed in this petition that this Court may be directed
to exempt petitioner from personal appearance before the learned
Magistrate. Learned counsel submits that on account of physical
disability to the extent of 100% petitioner is not able to appear
before court. I have heard learned Public Prosecutor also.
2. In the light of the decision in TGN Kumar v. State
of Kerala (2011 [1] KHC 142) there could be no general
direction in that regard. It is for the learned Magistrate to decide
the application if preferred seeking exemption from personal
appearance having regard to the facts and circumstances of the
case.
CRL.M.C. No.315 of 2011
-: 2 :-
Hence this Criminal Miscellaneous Case is closed with
liberty to the petitioner to move appropriate application before
the learned Magistrate. If any such application is preferred
learned Magistrate shall consider the same and pass appropriate
orders thereon as provided under law.
THOMAS P. JOSEPH, JUDGE.
vsv
