ABOOBACKER KANNITHODI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner faces indictment in a prosecution under Sections 279 and 338 I.P.C. The petitioner is employed abroad. He could not appear before the learned Magistrate. Warrant of arrest has been issued against the petitioner. Steps under Sections 82 and 83 are pending against him.

(2.) The petitioner, in these circumstances, has come to this court with the prayer that he may be permitted to appear through counsel and plead guilty for the charges levelled against him.

(3.) Has the petitioner approached the learned Magistrate through counsel for permission to plead guilty? It is submitted that the petitioner had not appeared before the learned Magistrate through counsel and sought permission to plead guilty.I am of the opinion that the petitioner must appear before the learned Magistrate through counsel and apply for permission to plead guilty. Such application must be considered by the learned Magistrate on merits and appropriate orders must be passed. The merefact that the accused has not so far entered appearance personally and a non bailable warrant is pending against him, is, according to me, not a sufficient reasonfor the learned Magistrate not to consider such application and pass appropriate orders on merits.