Allowed

Stanly Simon v. State of Kerala

Kerala HC10 Apr 2023Crl.MC/2025/2023

Case brief

AI extract

What is this about?

Criminal Miscellaneous Case filed by accused No. 1 and 5 under Section 482 Cr.P.C against impugned orders rejecting their Section 205 exemption applications. The High Court granted permanent exemption from appearance allowing representation by counsel, subject to appearance for Section 313 and judgment, setting aside the lower court orders.

What did the court decide?

Impugned orders set aside; petitioners granted permanent exemption from appearance under Section 205 Cr.P.C with conditions to appear for Section 313 and judgment.

Stanly Simon Vs State of Kerala — Civil Procedure and Limitation | 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

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CRL.MC NO. 2025 OF 2023

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AGAINST THE ORDER/JUDGMENT, CC 144/2012 OF CHIEF JUDICIAL

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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. NOUSHAD K.A - P.P

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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. 2025 of 2023

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BECHU KURIAN THOMAS, J.

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============================= Crl.M.C. No. 2025 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. 144/2012 on the files of the Chief Judicial Magistrate’s Court, Pathanamthitta. Petitioners are being proceeded against for the offences under Sections 420 and 406 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 for the petitioners as well as Sri. K.A Noushad, learned Public Prosecutor.

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Crl.M.C. No. 2025 of 2023

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By another order in Crl.M.C No.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.2011/2023 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.144/2012, 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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Petitioner 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. 2025 of 2023

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

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in Crl.M.P. No.201/2023 & 200/2023 in C.C. No.144/2012 dated 12.01.2023 on the files of the Chief Judicial Magistrate’s 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. 2025 of 2023

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APPENDIX OF CRL.MC 2025/2023

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PETITIONER’S ANNEXURES

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Annexure 1THE COPY OF FINAL REPORT IN C.C 144 /2012 OF
THE FILE OF CHIEF JUDICIAL MAGISTRATE COURT,
PATHANAMTHITTA DATED 24.08.2012.
Annexure 2THE COPY OF MEDICAL CERTIFICATE DATED
30.09.2020 ISSUED FROM THE AMRUTHA INSTITUTE
OF MEDICAL SCIENCE, ERNAKULAM.
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. 201/2023 IN
CC 144/2012 DATED 12.01.2023.
Annexure 5THE COPY OF ORDER IN CRL. MP NO. 200/2023 IN
CC 144/2012 DATED 12.01.2023.

Stanly Simon v. State of Kerala

Case brief

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Stanly Simon v. State of Kerala

Case brief

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What did the court decide?

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