Accused can appear via electronic video linkage for trial to ensure justice without physical presence.

ORDER

Dated this the 22^nd day of January, 2026

The petitioner is the first accused in S.C. No.650/2024 on the file of the Additional Sessions Court-V, Ernakulam (Trial Court), which has originated from Crime No.1015/2022 registered by the Infopark Police Station, Ernakulam.

2. The petitioner has stated in the Criminal Miscellaneous Case that, by Annexure 1 order passed by this court, the petitioner was enlarged on bail subject to conditions. As per condition Nos. (v) and (viii), he was directed to surrender his passport before the jurisdictional court and not to leave the State of Kerala without the permission of the Trial Court, respectively. Subsequently, the petitioner filed an application before the Trial Court to lift the conditions (v) and (viii)

mentioned above. However, the same were dismissed by the Trial Court. Thereafter, the petitioner filed Crl.M.A No.2/2023 in B.A. No.3166/2023 before this Court. By Annexure 2 order, this Court deleted condition Nos. (v) and (viii). The petitioner is permanently employed in the Republic of Congo. In the above situation, the petitioner filed an application before the Trial Court, seeking to exempt him from being personally present before the Trial Court. Nonetheless, by Annexure 4 order, the Trial Court has dismissed the application, on the ground that the petitioner has left India, without obtaining permission from the Trial Court or this Court. Furthermore, there is no material to establish that the petitioner is employed abroad. Annexure 4 order is palpably wrong and unreasonable. Hence, the Crl.M.C.

3. I have heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. By Annexure 1 order this Court had directed the petitioner to surrender his passport and not to leave the State of Kerala without the permission of the Trial Court.

5. The Judges papers in B.A. No.3166/2023 substantiates that the petitioner had filed Crl. M.A No.2/2023 before this Court to delete condition Nos.(v) and (viii) on the specific assertion that he has to rejoin his employment in the Republic of Congo.

6. By Annexure 2 order, this Court allowed the application by deleting condition Nos. (v) and (viii). 7. Now, the petitioner's limited grievance is that, as he is employed in Republic of Congo, it may not be practically possible for him to appear before the Trial Court as and when directed. Moreover, the case is only at the stage of framing of charges. Although he filed an application for personal exemption, the same was dismissed by Annexure 4 order.

8. In Abhil C.R. v. State of Kerala [2025 KHC OnLine 1650] , this Court has emphatically held that an accused can avail the electronic video linkage as per the provisions of the Electronic Video Linkage Rules for Courts (Kerala), 2021, subject to the filing of an application with an undertaking that the accused will not dispute his/her identity. The same view has been reiterated by this Court in Rameshan v. State of Kerala (2025 (6) KHC 545) .

9. Taking into consideration the enunciation of law in the above referred decisions and the fact that the case is only at the stage of framing of charges, I am of the firm view that the petitioner can be permitted to appear through electronic video linkage, instead of insisting for his personal presence. Thus, I am satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 In the result, the Crl.M.C. is allowed in the following manner :-

(i) Annexure 4 order is set aside.

(ii) Crl.M.P. No.4826/2025 stands allowed.

(iii) The petitioner is permanently exempted from appearing before the Trial Court, subject to the condition that his counsel files an undertaking before