When this Court was about to dismiss this petition on merits, the learned counsel for the petitioner seeks permission of this Court to withdraw this petition with liberty to raise all the points before the Trial Court and he has also made an endorsement to that effect.
2. Permission is granted. This Criminal Original Petition is dismissed as withdrawn with liberty to the petitioner to raise all the points before the Trial Court.
3. At this juncture, learned counsel appearing for the petitioner submits that the presence of the petitioner before the Trial Court may be dispensed with.
4. Accepting the submission, this Court directs the petitioner to appear before the Trial Court, within a period of two weeks from the date of receipt of a copy of this order and furnish a bond under
Section 88 Cr.P.C. with two sureties for Rs.10,000/- (Rupees Ten Thousand only) each to the satisfaction of the learned Judicial Magistrate No.2 (Fast Track Court at Magistrate Level), Nagercoil. Thereafter, the petitioner is permitted to engage a counsel on special vakalat. The petitioner shall appear before the Trial Court for receiving the complaint and other papers under
Section 207 Cr.P.C., at the time of framing charges, for questioning under
Section 313 Cr.P.C. and on the day of judgment. On all other dates, if the petitioner files an application under
Section 317 Cr.P.C., undertaking that he will not dispute his identity and that his counsel will cross-examine the prosecution witnesses in his absence without adopting dilatory tactics, the Trial Court may liberally consider and entertain the same. If the petitioner adopts any dilatory tactics, it is open to the Trial Court to insist upon his presence. Consequently, the connected miscellaneous petitions are closed.
To The Judicial Magistrate No.2 (Fast Track Court at Magistrate Level), Nagercoil..