Allowed

Stanly Simon v. State of Kerala

Kerala HC10 Apr 2023Crl.MC/2011/2023

Case brief

AI extract

What is this about?

The Kerala High Court allowed a criminal miscellaneous petition seeking exemption from personal appearance for two accused facing cheatering charges. The court granted permanent exemption to appear by counsel, mandating presence only for Section 313 and judgment, while quashing lower order dismissals.

What did the court decide?

Exemption from personal appearance granted; petitioners to appear only for Section 313 and judgment; impugned orders set aside.

Stanly Simon Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS

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MONDAY, THE 10TH DAY OF APRIL 2023 / 20TH CHAITHRA, 1945
CRL.MC NO. 2011 OF 2023

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AGAINST THE ORDER CC 128/2012 OF CHIEF JUDICIAL
MAGISTRATE PATHANAMTHITTA.

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PETITIONERS/PETITIONERS/ACCUSED 1&5:

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1STANLY SIMON
AGED 37 YEARS
S/O SIMON C. THOMAS, ASSANPARAMBIL HOUSE,
PAZHAMPALAKKAD MURI, PAZHAMPALAKKAD VILLAGE, THAROOR-
1, ALATHOOR TALUK, PALAKKADU DISTRICT, PIN – 678 544.

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2ZEENATH STANLY
AGED 42 YEARS
W/O STANLY SIMON, ASSANPARAMBIL HOUSE, PAZHAMPALAKKAD
MURI, PAZHAMPALAKKAD VILLAGE, THAROOR-1, ALATHOOR
TALUK, PALAKKADU DISTRICT, PIN – 678 544.

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BY ADV K.N.RADHAKRISHNAN(THIRUVALLA)

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RESPONDENT/RESPONDENT/STATE:

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,
ERNAKULAM, PIN – 682 031.

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BY ADV PUBLIC PROSECUTOR

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OTHER PRESENT:

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ADV. V SREEJA - (PP)

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
10.04.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. No.2011/23

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BECHU KURIAN THOMAS, J.

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============================= Crl.M.C. No.2011 of 2023

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============================= Dated this the 10^th day of April, 2023

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ORDER

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Petitioners are accused Nos. 1 and 5 in CC No. 128/2012,

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on the files of the Chief Judicial Magistrate’s Court, Pathanamthitta. Petitioners are being proceeded against for the offences under Section 420 read with Section 34 of the Indian Penal Code, 1860. After taking bail in the case, both of them failed to appear and non-bailable warrant has been issued against them.

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In the meantime, petitioners preferred applications, separately, under Section 205 of the Cr.P.C seeking permanent exemption from appearance in Court and also to permit them to appear through their counsel.

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The learned Magistrate, by the two impugned orders, rejected the applications after observing that petitioners had been continuously absenting themselves from court and therefore, non-bailable warrants were pending against them.

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I have heard Sri. K.N Radhakrishnan, learned Counsel

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for the petitioners as well as Smt. Sreeja V., learned Public Prosecutor.

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Crl.M.C. No.2011/23

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By another order in Crl.M.C 2951 of 2023, this Court had considered the case of the petitioners for personal exemption. The prayer was allowed on conditions taking note of another similar order passed by this Court in Crl.M.C No.2025/2023 on the files of this Court. Since the situation in this case also is identical, there is no reason to take a different view.

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Accordingly, this Criminal Miscellaneous case under Section 482 is allowed, setting aside the two impugned orders. Petitioners are granted personal exemption under Section 205 Cr.P.C in appearing before the learned Chief Judicial Magistrate in CC No. 128/2012, on the following conditions:

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Petitioners are granted permanent exemption from appearance under Section 205(1) of the Cr.P.C and shall be represented by their Counsel at the time of trial.

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Petitioners shall appear before the Court at the time of questioning under Section 313 Cr.P.C as well as on the date of judgment and the exemption granted shall not be applicable as the petitioners have undertaken to so appear.

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Petitioners shall file affidavits in tune with the directions in M/s. Bhaskar Industries Limited Vs. M/s.Bhiwani Denim and Apparels Ltd. and Others (AIR 2001 SC 3625).

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Crl.M.C. No.2011/23

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In view of the above, the impugned orders i.e., the

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order in Crl.M.P. No.362/2023 & 363/2023 in C.C. No.128/2012

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dated 19.01.2023 on the files of the Chief Judicial Magistrate’s

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Court, Pathanamthitta are set aside.

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This Criminal Miscellaneous Case is allowed as above.

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Sd/BECHU KURIAN THOMAS jm JUDGE

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Crl.M.C. No.2011/23

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APPENDIX OF CRL.MC 2011/2023

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PETITIONER’S ANNEXURES

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Annexure 1THE COPY OF FINAL REPORT IN C.C 128 /2012 OF
THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT,
PATHANAMTHITTA DATED 13.08.2012.
Annexure 2THE COPY OF MEDICAL CERTIFICATE DATED
30.09.2020 ISSUED FROM THE AMRUTHA INSTITUTE
OF MEDICAL SCIENCE, ERNAKULAM.

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Annexure 3THE COPY OF MEDICAL CERTIFICATE DATED
07.02.2023 ISSUED FROM THE AMRUTHA INSTITUTE
OF MEDICAL SCIENCE, ERNAKULAM.
Annexure 4THE COPY OF ORDER IN CRL. MP NO. 362/2023 IN
CC 128/2012 DATED 19.01.2023.
Annexure 5THE COPY OF ORDER IN CRL. MP NO. 363/2023 IN
CC 128/2012 DATED 19.01.2023.

Stanly Simon v. State of Kerala

Case brief

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Stanly Simon v. State of Kerala

Case brief

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