Cardinal Mar George Alencherry vs Joshi Varghese
2022 Latest Caselaw 8028 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. 4212 OF 2022
            CC 632/2019 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

    BY ADVS.
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 S/O.OUSEPH, PRO.VIKAR, ST.JOHN'S CHURCH,
     UNIVERSITY CENTRE, CUSAT, PIN - 682032
  3. SAJU VARGHESE AGE NOT KNOWN TO THE PETITIONER, S/O.JOHN VARGHESE,
     GOLDEN OAK VILLA, PADAMUGHAL, KAKKANAD, ERNAKULAM DISTRICT, PIN -
     682030
  4. 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 arguments of DINESH MATHEW J.MURICKEN,JOHN
VARGHESE,VINOD S. PILLAI,K.A.ABHILASH,NAYANA VARGHESE,MOHAMMED THAYIB
N.M.,AHAMMAD SACHIN K.,K.S.SANGEETHA (KOOMBEL),Advocates for petitioner
and PUBLIC PROSECUTOR for the fourth Respondent the court on the same day
passed the following:
                             ZIYAD RAHMAN A.A., J.
                            ---------------------
                              Crl.M.C No. 4212 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