The High Court disposed of a criminal miscellaneous petition seeking to quash an order dismissing a petition under sections 205 and 317 CrPC. The petitioner, employed abroad, sought exemption from personal appearance for evidence recording and Section 313 questioning. The court refused, upholding the gravity of the offence.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR
WEDNESDAY, THE 27TH OCTOBER 2010 / 5TH KARTHIKA 1932
Crl.MC.No. 3611 of 2010(B)
-------------------------------------[CRL.M.P. NO. 103/2010 IN S.C. NO. 661/2009 OF THE ADDITIONAL ASSISTANT SESSIONS COURT, THALASSERY DTD. 11/08/2010]
PETITIONER/PETITIONER/ACCUSED:
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SANDEEP P.V., S/O. PURUSHOTHAMAN, AGED 33, RESIDING AT 'SIMPLE' PODIKUNDU, P.O.PALLIKUNNU, KANNUR-4, NOW EMPLOYED AT SCANIA WORKSHOP, P.O.BOX NO.34045, ABU-DHABI, U.A.E.
BY ADVS. SRI.M.RAMESH CHANDER,
SRI. ANEESH JOSEPH.
RESPONDENT/RESPONDENT/COMPLAINANT:
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STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-31.
BY PUBLIC PROSECUTOR SRI. P.A. SALIM.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.SASIDHARAN NAMBIAR,J.
===========================
CRL.M.C.No. 3611 OF 2010
===========================
Dated this the 27th day of October,2010
ORDER
The case against the petitioner was
committed to Sessions Court, Thalassry and taken on file as S.C.661/2009. When summons was issued for appearance by Additional Sessions Court, Thalassery, petitioner filed Crl.M.P.103/2010 under section 205 and 317 of Code of Criminal Procedure to dispense his personal presence for the purpose of recording the evidence and also to answer the questions
under section 313 of Code of Criminal Procedure. By Annexure IV order learned Sessions Judge dismissed the petition. This petition is filed under section 482 of Code of Criminal Procedure to quash Annexure IV order
and to direct the learned Sessions Judge to grant exemption from appearance.
Crl.M.C.3611/2010 2
heard.
reason to interfere with Annexure 4 order. Considering the gravity of the offence alleged, petitioner is not entitled to get the case tried in
his absence as sought for. Petitioner has not even appeared before the learned Sessions Judge.
Crl.M.C.3611/2010 3
Once petitioner appears and released on bail, if the presence of the petitioner is to be dispensed for any specific purpose, he is at liberty to apply.
Petition is disposed.
M.SASIDHARAN NAMBIAR JUDGE
tpl/-
M.SASIDHARAN NAMBIAR, J.
W.P.(C).NO. /06
--------------------JUDGMENT
SEPTEMBER,2006
2 issues framed by the court
Whether a petitioner employed abroad is entitled to bail and exemption from personal appearance for recording evidence and Section 313 statements in a grave offence.
Whether the High Court should interfere with the Sessions Judge's order dismissing the petition for dispensation of presence.
Colour shows how this judgement treated each authority
Shaji v. State of KeralaReferred¶31
(2005(3) KLT 303)
3 provisions across 1 enactments
Sandeep P.V.
State of Kerala
M. Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
