SARATH Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner herein is the first accused in CC No.305/2016 of JFCM-II, Mavelikara, charge sheeted for offences punishable under sections 323,324,326,341,427 read with section 34 IPC.

(2.) According to the petitioner, he was employed abroad at Sharja and only occasionally he would be granted leave by his employer. He became aware of his involvement in the case, when warrant was attempted to be served at his home address. On enquiry, it was revealed that without proper investigation, the case was charge sheeted and that, summons issued from the court below was not duly served on him. Only after the non-bailable warrant was issued, the petitioner came to know about the case through the family members. Since it was difficult for the petitioner herein to obtain leave, counsel was engaged to appear before the court below and to seek exemption from personal appearance, invoking section 205 Crimial P.C. An application was accordingly filed by the counsel for the petitioner supported by an affidavit of the petitioner herein duly attested before the concerned Embassay official, inter alia, undertaking that, if he is exempted, he will not dispute his identity. The court below rejected that application on the sole reason that warrant has already been issued and was pending.

(3.) Aggrieved by the above order, the first accused has approached this Court invoking Sec. 482 of Cr.P.C,seeking appropriate reliefs.