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2017 Supreme(Ker) 713

SUNIL THOMAS
Sarath – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rinny Stephen Chamaparambil and Asha Elizabeth Mathew
For the Respondents: T.R. Ranjith, Government Pleader

ORDER

Sunil Thomas, J.

1. The petitioner herein is the first accused in C.C. No. 305/2016 of JFCM-II, Mavelikara, charge sheeted for offences punishable under Ss. 323, 324, 326, 341, 427 read with S. 34 I.P.C. According to the petitioner, he was employed abroad at Sharjah and only occasionally he would be granted leave by his employer. He became aware of his involvement in the case, when warrant was attempted to be served at his home address. On enquiry, it was revealed that without proper investigation, the case was charge sheeted and that, summons issued from the court below was not duly served on him. Only after the non-bailable warrant was issued, the petitioner came to know about the case through the family members. Since it was difficult for the petitioner herein to obtain leave, counsel was engaged to appear before the court below and to seek exemption from personal appearance, invoking S. 205 Cr.P.C. An application was accordingly filed by the counsel for the petitioner supported by an affidavit of the petitioner herein duly attested before the concerned Embassy Official, inter alia, undertaking that, if he is exempted, he will not dispute his identity. The court below reject















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