IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl MC No. 3144 of 2007()
1. THEKKE PURAYIL SANDHYA, W/O. ANACKAL
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. THE STATION HOUSE OFFICER,
For Petitioner :SRI.V.RAMKUMAR NAMBIAR
For Respondent : No Appearance
The Hon'ble MR. Justice R.BASANT
Dated :11/10/2007
O R D E R
R.BASANT, J.
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Crl.M.C.No.3144 of 2007
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Dated this the 11th day of October 2007
O R D E R
The petitioner is the fourth accused and she faces
indictment in a prosecution for the offence punishable under
Section 498A I.P.C. The petitioner was enlarged on bail at the
crime stage. Investigation is now complete. Final report has
been filed. Cognizance has been taken by the learned
Magistrate also. The matter stands posted for appearance of the
petitioner. The co-accused have already entered appearance.
2. According to the learned counsel for the petitioner,
the petitioner is now residing along with her husband at his
place of employment abroad. The petitioner had come to India in
April 2007 consequent to the death of her father and returned
along with her husband. The petitioner cannot aspire to return
to India in the immediate future. Huge expenses will have to be
incurred for her to return to India for this case only.
3. The petitioner, in these circumstances, wants the
court to permit her to appear through counsel. Unless such
Crl.M.C.No.3144/07 2
indulgence is shown, great prejudice and hardship would result.
The petitioner wants to argue for a discharge as sufficient and
satisfactory allegations are not raised against her at all. The
learned counsel for the petitioner only prays that the petitioner
may be permitted to appear through counsel and raise her plea
for discharge. Her personal presence may be insisted only at the
stages of the trial where such appearance is absolutely essential.
She may indulgently be granted reasonable time to so appear
also. This, in short, is the prayer made.
4. Having considered all the relevant circumstances, I
am of the opinion that appropriate directions can be issued
under Section 482 Cr.P.C in favour of the petitioner.
5. This petition is, in these circumstances, allowed in
part. The learned Magistrate shall permit the petitioner to
appear through a counsel at this stage. Her personal presence
need not be insisted. She shall be permitted to advance her plea
of discharge through her counsel. Appropriate decision on such
plea of discharge will be taken under Section 239/240 Cr.P.C. If
and only if charges are decided to be framed against the
petitioner, her personal presence need be insisted by the learned
Crl.M.C.No.3144/07 3
Magistrate. Until such time, the petitioner shall be permitted to
appear through counsel. If such personal presence be
necessary, the petitioner shall be at liberty to inform the date by
which she shall return to India and appear before the learned
Magistrate. Such request will be considered by the learned
Magistrate on merits and appropriate orders passed.
(R.BASANT, JUDGE)
jsr
// True Copy// PA to Judge
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R.BASANT, J.
CRL.M.CNo.
ORDER
21ST DAY OF MAY2007
