Kerala High Court
Haney B. Aka Haney Benoy vs State Of Kerala on 9 October, 2025
2025:KER:74009
Crl.M.C.No.1177/2025
-:1:-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE G.GIRISH
THURSDAY, THE 9TH DAY OF OCTOBER 2025 / 17TH ASWINA, 1947
CRL.MC NO. 1177 OF 2025
CRIME NO.48/2022 OF CHENGANNOOR POLICE STATION, ALAPPUZHA
AGAINST THE ORDER DATED 09.01.2025 IN C.M.P.NO.115/2025
CC NO.299 OF 2022 OF JUDICIAL MAGISTRATE OF FIRST CLASS -I,
CHENGANNUR
PETITIONERS/PETITIONERS IN CMP 115/2025/ ACCUSED NOS 1 AND 2:
1 HANEY B. AKA HANEY BENOY,
AGED 31 YEARS,
S/O BINOY, 'CHITHIRAYIL',
MANKAMKUZHY P.O.,
VETTIYAR VILLAGE,
MAVELIKARA TALUK,
ALAPPUZHA DISTRICT,
PIN - 690558
2 LATHA
AGED 54 YEARS
W/O BINOY D, 'CHITHIRAYIL',
MANKAMKUZHY P.O.,
VETTIYAR VILLAGE,
MAVELIKARA TALUK,
ALAPPUZHA DISTRICT,
PIN - 690558
BY ADVS.SRI.S.K.SAJI
SMT.MAYAMOL T.S.
SMT.G.R.MANJU
RESPONDENT/ PETITIONER /STATE:
STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR,
THE HON'BLE HIGH COURT OF KERALA,
2025:KER:74009
Crl.M.C.No.1177/2025
-:2:-
ERANAKULAM, PIN - 682031
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
07.10.2025, THE COURT ON 09.10.2025 PASSED THE FOLLOWING:
2025:KER:74009
Crl.M.C.No.1177/2025
-:3:-
ORDER
Annexure-A5 order of the Judicial First Class Magistrate Court-I,
Chengannur, in C.M.P.No.115/2025 in C.C.No.299/2022, dismissing the
request of the accused in the said case for permanent exemption, is
under challenge in this petition filed under Section 528 of the Bharatiya
Nagarik Suraksha Sanhita, 2023(in short, 'BNSS') .
2. The petitioners, who are son and mother, face criminal
prosecution in the aforesaid case for the commission of offence under
Sections 498A & 506 read with Section 34 of the Indian Penal Code,
1860 (in short, 'IPC'). By the impugned order, the learned Magistrate
rejected the prayer of the first petitioner seeking permanent exemption
stating the reason that he did not state any valid reason for the same.
Though the petition was filed before the learned Magistrate by the two
accused in the said case, the relief of permanent exemption was pressed
only for the first accused.
3. In the present petition, it is contended that the first petitioner
is in need of an order granting permanent exemption for getting a good
conduct certificate/Police Clearance Certificate to get a job visa in
Canada.
2025:KER:74009
4. Heard the learned counsel for the petitioners and the learned
Public Prosecutor representing the State of Kerala.
5. As per order dated 17.02.2025, the Registry was directed to
get a report from the Judicial First Class Magistrate Court-I, Chengannur,
as to when the above Calendar Case will be scheduled for trial in the
ordinary course. Vide letter dated 20.02.2025, the learned Magistrate
informed this Court that, once the charge is framed, the trial in
C.C.No.299/2022 will commence by 09.10.2025.
6. Upon enquiry with the office of the Judicial First Class
Magistrate Court-I, Chengannur, it has been informed that
C.C.No.299/2022 now stands posted to 29.10.2025 for the examination
of CW1.
7. Having regard to the fact that the offence involved in this
case are under Sections 323 & 498A IPC in connection with the alleged
cruelty meted out to the de facto complainant who is none other than
the wife of the first accused, there is absolutely no necessity for the dock
identification of the accused during the course of trial in the said case.
So also, recording the statement of the accused under Section 313 of the
Code of Criminal Procedure, 1973 (351 of the BNSS) could be done
2025:KER:74009
through counsel representing the accused. In short, the presence of the
accused would be required only at the time of rendering the judgment,
that too, if the Court finds the accused guilty of the offence charged
against them. Therefore, I am of the view that the prayer of the
petitioners for permanent exemption could be granted, subject to the
condition that the petitioners shall appear before the Trial Court, if so
insisted on the date when the judgment is expected to be pronounced.
In the result, the petition is disposed of as follows:-
(i) The petitioners are granted permanent exemption from
appearing before the Judicial First Class Magistrate Court-I,
Chengannur, in C.C.No.299/2022 of that Court, except for the
occasion when the judgment is expected to be pronounced in
that case.
(ii)The learned Magistrate shall permit the petitioners to tender
statements under Section 313 Cr.PC.(351 of BNSS) through
their counsel.
(iii)The petitioners shall appear before the learned magistrate, if
so insisted, on that date when the case is scheduled for
pronouncing the judgment.
Sd/- G. GIRISH, JUDGE
DST/07.10.25
2025:KER:74009
APPENDIX
PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE FINAL REPORT IN CRIME NO.
48/2022 DATED 13.01.2022 OF CHENGANNUR POLICE
STATION
ANNEXURE A2 TRUE COPY OF THE PASSPORT VIDE NO.U8049162
FROM 07.01.2021 TO 06.01.2031
ANNEXURE A3 TRUE COPY OF THE DRIVING LICENSE VIDE DL.NO.
KL-31 20120005211 ISSUED BY STATE OF KERALA
ON 13.09.2012
ANNEXURE A4 TRUE COPY OF THE CMP.115/2025 IN C.C.
299/2022 DATED 06.01.2025 BEFORE THE JFCM-I
COURT, CHENGANNUR
ANNEXURE A5 CERTIFIED COPY OF THE ORDER IN C.M.P.115/2025
IN C.C.299/2022 OF THE JFCM-I COURT,
CHENGANNUR DATED 09.01.2025
