(Against The Order In Cmp 411/2017 … vs By Advs.Sri.S.Rajeev on 16 February, 2017

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

FRIDAY, THE 17TH DAY OF MARCH 2017/26TH PHALGUNA, 1938

Crl.MC.No. 1916 of 2017 ()
—————————
(AGAINST THE ORDER IN CMP 411/2017 IN CC 216/2015 OF CJM COURT,
THIRUVANANDAPURAM)

PETITIONER/ACCUSED NO 1:
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DR. SHAMIN
AGED 33 YEARS, S/O. EABENSON, SARIKA HOUSE, BNRA 115A,
TC 5/2624(E),BHAGAVATHI NAGAR,
SASTHAMANGALAM, THIRUVANANTHAPURAM

BY ADVS.SRI.S.RAJEEV
SRI.K.K.DHEERENDRAKRISHNAN
SRI.V.VINAY
SRI.D.FEROZE

RESPONDENT/STATE/COMPLAINANT:
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STATE OF KERALA
REP. BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA,ERNAKULAM 682 031
(CRIME NO 337/2014 OF MUSEUM POLICE STATION,
THIRUVANANTHAPURAM)

BY PUBLIC PROSECUTOR, SMT. M K PUSHPALATHA

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17-03-
2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

Crl.MC.No. 1916 of 2017 ()
—————————

APPENDIX

PETITIONER(S)’ EXHIBITS
———————————–

ANNEXURE 1 : COPY OF THE PETITION SUBMITTED BY THE PETITIONER THROUGH
HIS COUNSEL

ANNEXURE II : CERTIFIED COPY OF THE ORDER DATED 16-02-2017 IN CMP NO
411/2017 IN CC NO 216/2015 PASSED BY THE CHIEF JUDICIAL
MAGISTRATE COURT, THIRUVANANTHAPURAM

RESPONDENT(S)’ EXHIBITS : NIL
———————–

// True Copy //

PA to Judge

B.SUDHEENDRA KUMAR, J.
– – – – – – – – – – – – – – — – – — – – – – – – – – – — – – – – – – – –
Crl.M.C No.1916 of 2017
– – – – – – – – – – – – – – – – — – – – – – – – – – – – – – – – – – – – – –
Dated this the 17th day of March 2017

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O R D E R

The prayer in this petition is to quash Annexure-II

order passed by the court below in C.C. No.216 of 2015

and to permit the petitioner to represent through his counsel

before the court till the consideration of the plea for

discharge.

2. Heard.

3. As per order dated 19.3.2014, the court below

granted the relief under Section 438 Cr.P.C. in favour of the

petitioner with a direction to the petitioner to surrender

before the Investigating Officer on 24.3.2014. The final

Crl.M.C.1916/2017
-: 2 :-

report would show that the petitioner surrendered before

the Investigating officer on 24.3.2014 and thereafter, arrest

of the petitioner was recorded by the police. The police,

thereafter, released the petitioner on bail.

4. The offence alleged against the petitioner is the

offence under Section 498A read with Section 34 I.P.C.

The petitioner is a doctor by profession doing his higher

studies in U.K., submitted by the learned counsel for the

petitioner. The other accused persons had been already

granted exemption by the court below as per order dated

16.2.2017 from their personal appearance, when they

appeared before the court in person and filed application

for the same. However, since the petitioner did not appear

in person before the court below, the application of the

petitioner for exemption from personal appearance before

Crl.M.C.1916/2017
-: 3 :-

the court was dismissed vide Annexure-II order. Having

regard to the facts and circumstances of the case, including

the nature of allegations raised against the petitioner and

also taking into consideration of the fact that the petitioner

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is a doctor by profession, I am of the view that it is only

just and proper to direct the court below to grant exemption

to the petitioner from personal appearance before the court

below on all posting dates except when his presence is

necessary for the progress of the case, if the petitioner files

application through the counsel before the court below in

this regard. Accordingly, I order so. For the said reason,

Annexure-II order stands set aside.

In the result, this Crl.M.C. stands allowed.

Sd/-

B.SUDHEENDRA KUMAR,
JUDGE
dl/17..3..2017

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