The petitioner herein is the accused in a crime registered under Sections 279 and 304(A) IPC in the Attingal Police Station. Pending investigation he made application before the learned Judicial First Class Magistrate Court – I, Attingal as C.M.P 4414/14 for permission to go abroad. The learned Magistrate dismissed the said application on the ground that such permission cannot be granted, when investigation is in progress. Now it is submitted by the learned Public Prosecutor that the police has submitted final report in court, and the court has taken cognizance. If so, the petitioner will have to make appearance in the trial court in the said proceeding, and make an application afresh under Section 205 Cr.P.C. If the petitioner's request is genuine, that he is employed abroad, and that he will lose his employment if he could not join the employment abroad within the permitted time, the said request will have to be judiciously considered by the learned Magistrate without delay, and exemption from personal appearance can be Crl. M.C No.5915 of 2014 2 granted in the interest of justice, if personal appearance on all posting dates is not necessary at all. With these observations, this Crl.M.C is disposed of. P.UBAID, JUDGE sab