High Court of Kerala Criminal Misc. No. 3471 of 2022. Court dismissed the petition as withdrawn but directed the lower court to grant liberty to the accused persons, particularly considering the first petitioner's age and the second petitioner's absence, to appear personally at trial.
liberty to get personal exemption granted by lower court.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A. BADHARUDEEN
FRIDAY, THE 14TH DAY OF OCTOBER 2022 / 22ND ASWINA, 1944
CRL.MC NO. 3471 OF 2022
*C.C.NO.15/2022 OF JUDICIAL FIRST CLASS MAGISTRATE COURT,
KOTHAMANGALAM(TEMPORARY)
*THE LOWER COURT DETAILS C.C.NO.15 OF 2022 OF JUDICIAL FIRST
CLASS MAGISTRATE COURT, KOTHAMANGALAM STANDS CORRECTED &
SUBSTITUTED AS C.C.NO.15 OF 2021 OF JUDICIAL FIRST CLASS
MAGISTRATE COURT-II, KOTHAMANGALAM, AS PER ORDER DATED 24.6.2022
IN CRL.M.A.NO.3/2022 IN CRL.M.C.NO.3471/2022.
PETITIONERS/ACCUSED:
1A.M.KURIAKOSE
AGED 75 YEARS
S/O (LATE) D.MATHAI, AIVATHUKUDIYIL HOUSE
URULANTHANNI.P.O., URULANTHANNI KARA,
KUTTAMPUZHA VILLAGE
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT , PIN - 686681
2SHIBI KURIAN
AGED 42 YEARS
S/O A.M.KURIAKOSE, AIVATHUKUDIYIL HOUSE
URULANTHANNI.P.O., URULANTHANNI KARA,
KUTTAMPUZHA VILLAGE
KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT
RESIDING AT HOUSE NO. 221C/XIII, VARAPPETTY VILLAGE,
KOZHIPPILLY KARA, KOZHIPPILLY P.O.,KOTHAMANGALAM,
ERNAKULAM , PIN - 686691
BY ADVS.
PRASUN.S
N.A.RETHEESH
DILEEP VARGHESE
K.K.KURUVILLA
RESPONDENT/COMPLAINANT-STATE:
STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT OF KERALA, ERNAKULAM , PIN – 682031
BY PP-SRI.T.JAYAN
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
14.10.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 3471 OF 2022
2
ORDER
After arguing for some time, it is submitted by the learned counsel for the petitioners that the petitioners may be given liberty to withdraw the petition and liberty also may be given for the petitioners to get personal exemption, as per law. It is submitted that the first petitioner is aged 75 years and is not in a position to reach in the court on every day. The second petitioner is the son of the first petitioner and has been working abroad.
Therefore, this petition stands dismissed as withdrawn. However, the court below is directed to consider exemption from personal appearance of the accused, in accordance with law and taking note of the fact that the presence of the accused, on all days, in fact, is not necessary for trial. Therefore, an order in that regard, if pressed for, the same can be granted.
Sd/-
A. BADHARUDEEN
JUDGE
Bb
//True copy// PA To Judge
Colour shows how this judgement treated each authority
nullReferred
M.KURIAKOSE
SHIBI KURIAN
STATE
A. BADHARUDEEN
As recorded by the court registry
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