The petitioner herein is the third accused in S.T No. 1213/2008 before the Judicial First Class Magistrate Court – VII, Ernakulam. Warrant of arrest is pending against her in the proceeding. She made appearance through counsel, and made application for exemption from personal appearance under Section 205 Cr.P.C. The grievance of the petitioner is that the said application was not even received in court by the learned Magistrate, on the ground that the warrant of arrest is pending against her. The learned counsel submits that the petitioner is an aged lady suffering from some serious disease, and that it is really not possible for her to make personal appearance in court on all posting dates. If that grievance is true, and if she is really suffering from such decease, her request will have to be considered by the trial court. The offence is bailable, and there cannot be any situation of question of identity of the accused being raised during trial. If the petitioner's grievance is true and genuine, her application can be accepted by the trial court, and exemption can be granted from Crl. M.C No. 6229 of 2014 2 personal appearance. Anyway, the application will have to be received in court and properly heard. In the result, this Crl. M.C is closed, with direction to the court below that, if application is filed by the petitioner for exemption from personal appearance under Section 205 Cr.P.C, the same shall be received, considered and decided judiciously. It is also directed that, if the petitioner is really a person suffering from any serious disease, the request shall be possibly considered, if there is no other legal ground to reject it. The warrant of arrest pending against her will be kept in abeyance till appropriate decision is taken by the learned Magistrate on the request for exemption.
P.UBAID, JUDGE sab