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2023 Supreme(Online)(KER) 11257

HIGH COURT OF KERALA
BECHU KURIAN THOMAS, J
STANLY SIMON – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
K.N.RADHAKRISHNAN(THIRUVALLA)

ORDER

Petitioners are accused Nos.1 and 5 in C.C.No. 143 of 2012 on the files of the Chief Judicial Magistrate’s Court, Pathanamthitta. Petitioners are being proceeded against for the offences under Sections 406 and 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.

2. 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.

3. 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.

4. I have heard Sri. K.N. Radhakrishnan, the learned Counsel for the petitioners as well as Smt.Sreeja V., the learned Public Prosecutor.

5. 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.N

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