The court reaffirmed that personal attendance is crucial in serious criminal trials, and exemptions should be carefully considered based on the defendant's compliance and commitment to the proceedings.

O R D E R

The petitioner is the 1st accused in Crime No. 848/2015 of Chavara Police Station, which is now pending as SC No. 1332/2021 before the Asst.Sessions Judge, Karunagappally. The above case is chargesheeted alleging offences punishable under Secs. 143, 147, 148, 323 and 307 r/w 149 IPC .

2. SC No. 1332/2021 was originally registered as SC No. 1262/2017 and when the accused did not appear before the lower court, the case was included in the LP register as LP No. 2/2020. Subsequently, the 1st accused surrendered before the court and the LP case was closed and he was granted bail on 25.10.2011 and accordingly, the present Sessions Case No. 1332/2021 was registered. The case against the accused Nos. 2, 3 and 4 is pending as SC No. 1190/2016 and case against the 5th accused is pending as SC No. 706/2017. Now, all the three cases are taken together for trial and the summons is ordered to the witnesses.

3. The petitioner, who is the 1st accused in the case filed a permanent exemption petition and as per order dated 08.02.2023 in CMP 246/2022, the permanent exemption was rejected. The petitioner was exempted from the personal appearance earlier and it was stipulated that he shall appear before the lower court during the trial of the case as and when required. Later when the petitioner was directed to appear for hearing on the charge and for recording his plea on the charge, his counsel informed that the petitioner was abroad for his job and the charge was heard and the plea was recorded through the counsel on 15.06.2023. Now, when the case was posted for evidence, the petitioner filed the present application seeking exemption from personal appearance for the trial. The same is rejected by the Asst. Sessions Judge.

Aggrieved by the same, this Crl.M.C. is filed.

4. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

5. Annexure-4 is the order by which the application for exemption is rejected. The relevant portion of Annexure-4 is extracted hereunder :

7. “I have carefully heard the rival submissions, and have gone through the records. Going by the allegations, petitioner is actively involved in the assault on the complainant. Now, the complainant is expected to appear before the Court for evidence and the date is proposed as 05/09/2023- Petitioner was under limited exemption, and he was supposed to attend the Court for the trial as and when demanded. However, despite directions, he is not turning up and now another application for permanent exemption is filed as the instant CMP. By the conduct of the petitioner in not attending the Court, despite direction, he had demonstrated that he is not amenable for any conditions. Therefore, if at all permanent exemption is granted on conditions, he is sure to ignore the same. Now, if the trial is proceeding in his absence, and if he is finally called upon to appear at the stage of the pronouncement of judgment, he may ignore that call. Therefore. I am not inclined to grant any permanent exemption.

8. Accordingly, this petition stands, dismissed, and the petitioner is directed to appear before the Court personally for the trial on 05/09/2023, and continuously thereafter.”

6. A perusal of the above order would show that there is nothing to interfere with the above order. But, the counsel for the petitioner submitted that he is working abroad and the income received from his job is the only livelihood and he will not dispute the identity of the case either at the trial stage or if any appeal or other proceedings are filed in connection with this case. If such an undertaking is given by the petitioner before the trial court, I think the court below can exempt the petitioner from personal appearance during the trial stage. The warrant, if any issued to the petitioner can be recalled. But, when the case is posted for judgment, the petitioner shall appear before the trial court. For allowing the exemption petition, the petitioner shall file an affidavit before the trial cou