SONU MON S.R. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petition filed under Section 482 of the Cr.P.C.

(2.) The petitioner is the sole accused in C.C.No.485/2017 on the files of the Special Judicial First Class Magistrate Court (Marad Cases) Kozhikode, alleging offences punishable under Sections 279, 337 and 338 of the I.P.C. He was enlarged on bail and then granted exemption from personal appearance to go abroad for employment. The petitioner is presently in Singapore and has been appearing through Counsel for the trial. He intends to apply for permanent residence in Singapore. Due to the pandemic situation, he is not able to travel to India. He wants to plead guilty through his Counsel. The petitioner filed C.M.P.No.402/2021 at Annexure 1 before the jurisdictional Magistrate seeking permission to plead guilty through Counsel. The learned Magistrate, however, dismissed the application vide Annexure 2 Order stating that his presence in person is essential while receiving the sentence on a plea of guilty. Aggrieved by that Order, the petitioner is before this Court seeking to quash the impugned Order.

(3.) The petitioner states that he had appeared before the trial Court and pleaded not guilty. Subsequently, he was granted a permanent exemption under Section 205 of the Cr.P.C. and permitted to appear through his Counsel. He went to Singapore and got employed. For the last three years, his Counsel has been representing him. It is contended that the dismissal of the petitioner's request to record his plea again and permit him to plead guilty to his Counsel, is not proper. Hence, it is prayed that the Annexure-2 Order may be quashed, and the learned Magistrate may be directed to record the plea of the accused once again, to enable him to plead guilty through his Counsel.