AKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) The above Crl.M.C is filed challenging Annexures A4 and A5 orders passed by the Judicial First Class Magistrate Court- I, Nedumangadu. The petitioners are accused Nos.1 and 3 in C.C No.449/2008 on the file of the Judicial First Class Magistrate Court - I, Nedumangadu.

(2.) The petitioners were continuously absent before the lower court and coercive steps were taken against the petitioners. Non Bailable Warrant were issued and even steps under Sections 82 and 83 of Cr.P.C were taken. Thereafter, the petitioners surrendered before the lower court on 26.06.2020. Thereafter, the petitioners filed Annexures A2 and A3 petitions for getting Permanent exemption from the court proceedings.

(3.) According to the 1st petitioner, he is working at Dubai. He came on leave. The case of the 1 st petitioner in Annexure - A2 petition is that he will not dispute his identity and he may be allowed to contest the case through a counsel. Similarly, the 2nd petitioner also filed Annexure - A3 petition and according to him he is working at Abudhabi. He also submitted that he came back to India on leave and if he is not able to rejoin he will lose his job. He also submitted that he is not disputing the identity of the case and he may be allowed to contest the case through a counsel. These petitions were considered by the learned Magistrate and as per Annexures A4 and A5 orders, the learned Magistrate dismissed these petitions. The learned Magistrate observed that the petitioners presence was obtained after taking coercive steps. The Calender Case is registered in 2008. The trial is delayed only for the reason that the petitioners were absconding. The learned Magistrate observed that for about five years coercive steps were taken for securing the presence of the petitioners. The case is at the fag end of the trial. Therefore, the prayers of the petitioners in Annexures A2 and A3 cannot be allowed. Hence Annexures A2 and A3 petitions were dismissed by Annexures A4 and A5 orders. Hence Annexures A4 and A5 orders are challenged before this Court.