Citation : 2022 Latest Caselaw 4955 Ker
Judgement Date : 4 May, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE SOPHY THOMAS
WEDNESDAY, THE 4TH DAY OF MAY 2022 / 14TH VAISAKHA, 1944
CRL.MC NO. 2720 OF 2021
AGAINST THE ORDER/JUDGMENT IN ST 2815/2018 OF JUDICIAL MAGISTRATE
OF FIRST CLASS ,KOLENCHERRY
PETITIONER/S:
SABU M. JACOB
AGED 57 YEARS
S/O. M.C.JACOB,
MANAGING DIRECTOR KITEX GARMENTS LTD,
KIZHAKKAMBALAM, ERNAKULAM-683 561,
RESIDING AT MECKKAMKUNNEL HOUSE,
VILANGU P.O., EDATHALA-683 561
BY ADVS.
BLAZE K.JOSE
JUDY JOSE
URMILA ZACHARIA
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,PIN-682 031
2 INSPECTOR OF FACTORIES AND BOILERS,
GRADE-I, PERUMBAVOOR H.Q., ALUVA-683 101
SMT. MAYA M.N.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.05.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 2720 OF 2021
2
ORDER
Dated this the 04th day of May, 2022
Petitioner herein is the sole accused in ST No.
2815/2018 on the file of Judicial First Class Magistrate
Court, Kolencherry. He filed a petition under Section 205
Cr.P.C. to dispense with his personal attendance as he is
a business man often travelling across the country. As
per Annexure 1 order, the learned Magistrate directed
the petitioner to appear before the court on the next
posting date and to file an affidavit to show his readiness
to obey the directions, if any under Section 205(2) of
Cr.P.C. The second condition was that, if the petitioner
could not appear on the next posting date as directed, he
could appear before the court on any working day before
the next posting, to apply for advancing the matter. He
could not appear before the Court below, on the next
posting date or any day prior to that, to file the affidavit.
Now he is ready to appear before the court to file the
affidavit as directed, within two weeks from today. CRL.MC NO. 2720 OF 2021
2. Heard the learned counsel for the petitioner as
well as the learned Public Prosecutor.
3. Having considered the facts and circumstances
the petitioner can be permitted to appear in person
before the Court below within two weeks from today, to
file the affidavit as ordered in the impugned order.
4. So the Criminal M.C. is allowed directing the
petitioner to appear in person before the Court below on
or before 19.05.2022, and to file the affidavit, as directed
in the impugned order.
This Criminal M.C. is disposed of as above.
Sd/-
SOPHY THOMAS JUDGE LU CRL.MC NO. 2720 OF 2021
APPENDIX OF CRL.MC 2720/2021
PETITIONER ANNEXURES
ANNEXURE-1 A TRUE COPY OF THE ORDER IN CMP NO.2859 OF 2019 IN ST.NO.2815 OF 2018 DATED 19.4.2021 OF THE JMFC, KOLENCHERRY
// True Copy // PA To Judge
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