The court allows the exemption from personal appearance based on age and health conditions while permitting electronic appearance under specific rules.

C.S.DIAS, J.

------------------------------------------ Crl.M.C. No. 9162 OF 2025 --------------------------------------------

Dated this the 29^th day of January, 2026 ORDER The petitioner is the 2^nd accused in CC No.686/2024 on the file of the Court of the Judicial Magistrate of First Class-I, North Paravur (Trial Court), which has been filed by the respondent alleging the commission of the offence punishable under Section 138 of the Negotiable Instruments Act (‘Act’, for brevity). The petitioner has stated in the Crl.M.C. that he has got himself enlarged on bail. He is a septuagenarian and is suffering from various ailments including a coronary artery disease and systemic hypertension. He is undergoing treatment at the Amrita Institute of Medical Sciences, and at other hospitals, which is evidenced by Annexure A2 medical certificate. In view of the petitioner’s fragile health and age, he filed an application before the Trial Court for his permanent exemption in the above complaint. He has specifically stated that he would not dispute his identity. However, by the impugned Annexure A4 order, the Trial Court has dismissed the application on the ground that the medical certificate does not show that the petitioner is suffering from any illness. Annexure A4 order is unreasonable and unjustifiable. The Trial Court has not considered the petitioner’s application in its proper perspective. Hence, Annexure A4 order may be quashed.

2. I have heard the learned Counsel for the petitioner and the learned Counsel for the respondent.

3. It is not disputed that the petitioner is 75 years of age. Annexure A2 medical certificate issued by the Doctor of the Primary Health Centre, Kalloorkad undoubtedly reveals that the petitioner is suffering from coronary artery disease and systemic hypertension.

4. It is in the above background that the petitioner filed Annexure A3 application seeking for his permanent exemption in the complaint. Nonetheless, by the impugned Annexure A4 order, the Trial Court has dismissed the application, holding that the medical certificate does not substantiate that the petitioner has any serious health condition.

5. In Abhil C.R. v. State of Kerala [2025 KHC OnLine 1650] , this Court has succinctly held that the accused persons can be permitted to appear online by availing the electronic video linkage facility as per the Electronic Video Linkage Rules for the Courts (Kerala), 2021 (‘Rues’, in short). The above view has been re- iterated by this Court in Rameshan v. State of Kerala (2025 (6) KHC 545) .

6. Taking into consideration, the principles laid down in the above decisions, the petitioner’s age, his medical condition, the fact that the complaint is only at its nascent stage and there is no likelihood of the trial commencing in the near future, I am satisfied that the petitioner's personal presence is not at all necessary. It would be upto the petitioner to appear online by availing the electronic video linkagee. Thus, I am satisfied that this is a fit case to exercise the inherent powers of this Court under Section 528 of the BNSS .

In the aforesaid circumstances, the Crl.M.C. is allowed in the following manner: