Cardinal Mar George Alencherry vs Joshi Varghese
2022 Latest Caselaw 8018 Ker

                    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. 4232 OF 2022

CC 93/2020 OF JMFC, KAKKANAD (TEMPORARY), ERNAKULAM

  PETITIONER:

       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

  RESPONDENT:

     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 having come up for orders upon perusing the
  petition and upon hearing the arguements of ADVS.DINESH MATHEW
  J.MURICKEN,JOHN VARGHESE,VINOD S. PILLAI,K.A.ABHILASH,MOHAMMED THAYIB
  N.M.,NAYANA VARGHESE,AHAMMAD SACHIN K.,K.S.SANGEETHA (KOOMBEL),advocates
  for the petitioner and PUBLIC PROSECUTOR for the 3rd respondent, the
  court passed the following:
                                     ORDER

ZIYAD RAHMAN A.A., J.

---------------------

Crl.M.C No. 4232 of 2022

--------------------------- 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