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 ()
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(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 ()
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APPENDIX
PETITIONER(S)’ EXHIBITS
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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
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// True Copy //
PA to Judge
B.SUDHEENDRA KUMAR, J.
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Crl.M.C No.1916 of 2017
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Dated this the 17th day of March 2017
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
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
