IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
Wednesday, the 29th day of June 2022 / 8th Ashadha, 1944
CRL.MC NO. 4198 OF 2022
CC 1886/2019 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,, KAKKANAD , ERNAKULAM
PETITIONER/1ST ACCUSED:
CARDINAL MAR GEORGE ALENCHERRY, AGED 77 YEARS, S/O.LATE PHILIPOSE,
MAJOR ARCHBISHOP, SYRO MALABAR CHURCH, ARCH BISHOP HOUSE, BROADWAY,
ERNAKULAM -682031, NOW RESIDING AT MAJOR ARCHIEPISCOPAL CURIA, MOUNT
ST.THOMAS, KAKKANAD, KOCHI, PIN - 682030
RESPONDENTS/COMPLAINANT, 2ND ACCUSED AND STATE:
1. JOSHI VARGHESE, AGE NOT KNOWN TO THE PETITIONER, S/O.VAREETH,
THELAKKADAN VEETTIL, MALAMURI BHAGOM, PULLUVAZHI KARA, RAYAMANGALAM,
ERNAKULAM DISTRICT, PIN - 683545
2. REV.FR.JOSHY PUTHUVA, AGED 50 YEARS, S/O.OUSEPH, PRO.VIKAR,
ST.JOHN'S CHURCH, UNIVERSITY CENTRE, CUSAT , PIN - 682032
3. STATE OF KERALA REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
This Criminal misc. case coming on for order upon perusing the
petition and upon hearing the arguments of M/s. DINESH MATHEW J.MURICKEN,
JOHN VARGHESE, K.A.ABHILASH, VINOD S. PILLAI, NAYANA VARGHESE, MOHAMMED
THAYIB N.M., AHAMMAD SACHIN K. and K.S.SANGEETHA (KOOMBEL), Advocates for
the petitioner and the Public Prosecutor for R3, the court passed the
following:
P.T.O
ZIYAD RAHMAN A.A., J.
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Crl.M.C No. 4198 of 2022
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Dated this the 29th day of June, 2022
ORDER
The question involved is whether the exemption from personal appearance of the accused under Section 205 Cr.P.C can be sought even before the accused surrenders before the Court and released on bail.
2. The learned Senior Counsel appearing for the petitioner places reliance on the judgment rendered by the Honourable Supreme Court in M/s. Bhaskar Industries Ltd v. M/s Bhiwani Denim and Apparels Ltd and Others [AIR 2001 SCC 3625] and a judgment rendered by this Court in Sarath S. v. State of Kerala [2017(3) KHC 383].
3. On perusal of records and hearing both sides, I am of the view that the aforesaid question is to be considered after a detailed hearing.
Post on 20.07.2022. Till such time, the petitioner shall be exempted from personal appearance before the trial court.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE rpk 29-06-2022 /True Copy/ Assistant Registrar